Election The Commission of India, in an interim order passed on Saturday night, sealed the Shiv Sena’s ‘bow and arrow’ symbol till the competing claims between the two rival factions are resolved. Neither of the two factions of Shiv Sena, led by Maharashtra Chief Minister Eknath Shinde and his predecessor Uddhav Thackeray, will be allowed to use the symbol in the upcoming by-elections to the Andheri East assembly constituency in Mumbai.
The Election Commission further said that both the groups would be known by the names chosen by them, which could be linked to the parent party. They will also be allotted different election symbols which they can choose from the list of free symbols notified by the Election Commission.
The interim order covers the purpose of the upcoming by-election and will continue till the dispute is settled. Both the factions of Shiv Sena will be face to face in the by-polls to be held on November 3.
Why did the Election Commission freeze the symbol?
Citing a previous priority, the Election Commission said that the symbol was frozen “to put both the rival groups in an equal position and to protect their rights and interests”.
“For the purposes of the existing by-elections”, the order said, both the groups “… shall be allotted such different symbols as they may choose from the list of free symbols…”.
The final decision on who gets the party’s election symbol rests with the Election Commission and this process is mentioned in the Election Symbols (Reservation and Allotment) Order of 1968. The Election Commission cited para 15 of the Symbols Order, 1968 in the case of Shiv Sena. According to Indian Express,
The order states: “When the Commission is satisfied that a recognized political party has a rival class or group, each of which claims to be that party, the Commission shall, having regard to all available facts and circumstances of the case, (their) representatives … and other persons, as they wish to be heard, decide that such rival class or group or any such rival class or group is not a recognized political party and the Commission’s The decision shall be binding on all such rival classes or groups.”
How is the dispute resolved?
Almost all disputes settled so far by the Election Commission refer to a clear majority of party representatives, MPs and MLAs supporting a faction. Indian Express Told. In the case of Shiv Sena, most of the elected representatives of the party have gone in favor of Shinde.
Whilst the Election Commission could not test the strength of rival groups on the basis of support within the party organisation, it withdrew from testing the majority only among elected MPs and MLAs.
Has this happened before?
Controversy over election symbols is not a new thing. When a party breaks up, there is often a dispute between the factions over the symbol. The Election Commission took a similar decision in October 2021, when it sealed the election symbol of Lok Janshakti Party’s (LJP) ‘bungalow’ on partition. Earlier, in 2017, the Samajwadi Party’s ‘cycle’ symbol and the AIADMK’s ‘two leaves’ had seen a tussle over the election symbol after the split.
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