Explainer: Whose right will be on the symbol and symbol of Shiv Sena, what are the rules

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Eknath Shinde, leader of the rebel Shiv Sena MLAs in Maharashtra, has claimed that since they have a large number of MLAs, they are now the real Shiv Sena and they have the right over the party’s symbol and symbol. At present, the Shinde faction has claimed 40 out of 55 MLAs to be with them in the Maharashtra Legislative Assembly. The Election Commission has to decide this, many times in the past due to the breakdown of the party, such cases have reached the Election Commission.

Shinde and the rebel Shiv Sena MLAs are currently in Guwahati. This faction says that now the real Shiv Sena is the same, so they have the right to use the name and symbol of the party. Know what is the rule of the Election Commission regarding this

The Election Commission follows the Election Symbols (Reservation and Allotment) Order 1968 in this regard. Which works as a symbol and recognition of political parties. Paragraph 15 of this order clearly explains to whom the name and symbol of the party should be given in case of party breakdown. There are some conditions regarding this. The Election Commission takes a decision only after being satisfied about them.

Without adequate hearing and documents and evidence, the Election Commission will not take any decision. He will listen to the views of both the parties in case of break up of the party and then will give a decision only if he is satisfied.

Question – What is the rule about this and when was the decision taken for the first time?

It came about when Indira Gandhi, being the Prime Minister, appealed to the people of Congress to vote on the voice of conscience in the election of the President. Then the Congress Syndicate had kept Neelam Sanjiva Reddy as its official candidate, while VV Giri was considered to be Indira Gandhi’s supported candidate. He was an independent.

Congress President Ninjaligappa issued a whip to vote for the party’s candidate but Congress people on a large scale voted for VV Giri. they won. Then in November 1969, the Congress Syndicate expelled Indira Gandhi by the party. After this, Indira saved the government by forming her own party. She herself remained the Prime Minister.

After this, the matter reached the Election Commission regarding the election symbol of the party. Then the commission considered the Congress Syndicate as the real Congress. They were allowed to have a pair of bullocks, while Indira’s Congress got the symbol of cow and calf.

Question – What does the Election Commission look into in such cases?

However, in this case, the Election Commission counted the MPs and MLAs of both the groups. In recent cases, the Election Commission has been taking decisions after listening to both the office bearers and elected representatives of the party and sees how many office-bearers of the party are with which faction in case of break-up. After that he counts the elected MPs and MLAs.

Question – What is in the case of Shiv Sena?

In the latest breakdown of Shiv Sena, almost all the office bearers of the party are with the faction of Uddhav Thackeray. And if you add MPs and MLAs to them, then Uddhav Thackeray’s upper hand sits more heavily. No party office-bearer has gone with Eknath Shinde so far. When Indira Gandhi broke the party, the Congress Syndicate was considered to be the real Congress because then most of the office-bearers of the Congress Party were with the Syndicate. Then even after adding MPs and MLAs, their number was sufficient.

Question – Then what does the Election Commission say to the other faction?

Then the commission recognizes them as another party and asks them to take a new name and a new symbol. However, the Election Commission at its discretion can ask both the groups to make a new name and take a new symbol and can also freeze the old name and symbol.

Question – What did the commission do when this happened in Tamil Nadu?

After the death of MG Ramachandran in Tamil Nadu in 1986, two factions of the AIADMK were formed. AIADMK i.e. AIADMK was also claimed by Jayalalithaa and also by Janaki Ramachandran, widow of MG Ramachandran.

Janaki Ramachandran also became the Chief Minister of Tamil Nadu for 24 days. But Jayalalithaa not only won the support of most of the MLAs and MPs of the organization, but many office-bearers of the party also went to her side. As a result, Jayalalithaa got the official symbol of the party.

Question – Why was there a different decision in the dispute of Lokjan Shakti Party?

In October last year, the then Election Commission of India froze both the party’s name and symbol amid a tussle over the party and the party symbol between uncle Paras Paswan and nephew Chirag Paswan. As a result, both of them no longer have any right on the Lok Janshakti Party and the election symbol. Both had to form their own party. Had to get a new sign.

Question – How did Akhilesh get control and symbol over Samajwadi Party?

In the year 2017, there was also a confrontation for the possession of the Samajwadi Party. There was a fight between father and son. By convening a meeting of the national executive in Lucknow in January 2017, Akhilesh made sure that the party elected him as its national president. After this there was an earthquake in the party.

Mulayam Singh Yadav and his brother Shivgopal Yadav, who formed the Samajwadi Party, opposed it. Two factions were formed. Both the groups approached the Election Commission of India. Both asserted authority over the party and the party symbol.

The technical issue in this was that Mulayam did not say that the party was dividing. Election symbol should be given to them. Then Akhilesh presented all such documents in front of the Election Commission, which proved that more elected representatives in Lok Sabha, Rajya Sabha and Vidhan Sabha are with him. And he also has the support of more party officials. In such a situation, accepting Akhilesh’s claim, the Election Commission not only considered him as the president of the Samajwadi Party but also allowed the party’s election symbol cycle to remain with him.

Tags: Maharashtra, shiv army, Shiv Sena MLA, Uddhav Thackeray

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