How EC decided the real 'owner' of Shiv Sena

The Election Commission, in its decision of awarding the name and symbol of Shiv Sena to Maharashtra CM Eknath Shinde-led faction, said that Shiv Sena party’s Constitution amended in 2018 is undemocratic. Secondly, no faction was able to prove its organisational strength clearly and hence the majority in the legislative wing of the party turned out to be the deciding factor, in which Eknath Shinde surpassed Uddhav Thackeray as he has support of 40 out of 55 MLAs and 13 out of 18 Sena MPs.

As per a report in The Indian Express, during the EC’s hearing on party’s ownership, Shinde’s advocates had repeatedly stressed that the amendments made to the party’s Constitution by Uddhav in 2018 were illegal and thus Thackeray’s post as the president too had no legal base.

Also Read | Bow-and-arrow symbol was synonymous with Shiv Sena and Thackerays

The poll body clarified that it did not take organisational strength factor into consideration as none of the two factions was able to prove its dominance in this case. Elaborating on this point, the EC clarified that no faction provided details of the actual existing strength of the organisational body.

It also said that the complete list of office-bearers of various bodies was not provided to the commission, whenever elections were held or appointments were made.

In technical terms, the EC’s decision was based on three tests in the Sadiq Ali case (supra). These included the Test of Aims and Objects of the Party Constitution, Test of Party Constitution, and Test of Majority. According to the poll body the Test of Aims and Objects of the Party Constitution was inapplicable.

Also Read | EC's decision an act of 'political violence' aimed at finishing off Shiv Sena out of fear, revenge: Raut

While applying the Test of Party Constitution, the poll body found that the Constitution on which respondent (Uddhav Thackeray) was placing a strong reliance was undemocratic. The amendments in the Constitution in 2018 had undone the act of introducing democratic norms in the party Constitution of 1999 and the functioning of Shiv Sena was brought by Late Balasaheb Thackeray at the insistence of the commission. It further said the Constitution of 2018 has conferred widespread powers of making various organisational appointments on a single person.

Taking these factors into consideration, the EC made its decision on the basis of Test of Majority in the legislative wing. Here Shinde had numbers and thus he got the hold of the party.