EC allots title ‘Shiv Sena’ and ‘Bow and Arrow’ image to Eknath Shinde faction

The Election Commission of India (ECI) on Friday introduced that the get together title “Shiv Sena” and the image “Bow and Arrow” shall be retained by the Eknath Shinde faction.

Notably, each factions of Shiv Sena (Eknath Shinde and Uddhav Thackeray) have been combating for the bow and arrow image of the get together since Shinde (current Maharashtra Chief Minister) revolted in opposition to Thackeray final 12 months. The Commission noticed that the present structure of the Shiv Sena get together is undemocratic. It has been mutilated to undemocratically appoint individuals from a coterie as workplace bearers with none election in any respect. Such get together buildings fail to encourage confidence.

In a landmark choice with far-reaching implications on political events and their conduct, ECI suggested all political events to replicate democratic ethos and rules of inside get together democracy and usually disclose on their respective web sites points of their inside get together functioning, equivalent to organisational particulars, holding of elections, the copy of Constitution and record of workplace bearers.

“The constitution of political parties ought to provide for free, fair and transparent elections to the posts of office bearers and a further free and fair procedure for the resolution of internal disputes. These procedures ought to be difficult to amend and should be amendable only after ensuring larger support of the organisational members for the same,” the ECI stated.

“The Constitution of SS amended in 2018 is not given to ECI. Amendments had undone the act of introducing democratic norms in the Party Constitution of 1999, brought by the Late Balasaheb Thackeray at the insistence of the Commission,” the ECI added.

The ECI noticed that the undemocratic norms of the unique Constitution of Shiv Sena, which was not accepted by the Commission in 1999 have been introduced again in a surreptitious method additional making the get together akin to a fiefdom.

The Rashtriya Karyakarini is a physique which is ‘elected’ by a largely ‘appointed’ Pratinidhi Sabha. The Commission conveyed to Shiv Sena within the 12 months 1999 on the draft amendments when Bala Saheb was made chief of Sena for all times: “To put in a nutshell, the party Constitution envisages the President nominating the Electoral College that is to elect him. Therefore, any reliance on the ‘”Test of Party Constitution”‘ for figuring out the current dispute case shall be undemocratic and catalytic in spreading such practices throughout events.

The ECI stated that the 2018 Constitution of SS, by means of its plain studying on the important axis of treatment/modality of dissent, stifles all choices of the rival group(s) in its very formulation. It confers widespread powers of creating varied organisational appointments on a single particular person.

“The 40 MLAs, supporting the Shinde faction, garnered 36,57327 votes out of a total of 47,82440 votes i.e ~76 per cent of votes polled in favour of 55 winning MLAs in the GA to the LA 19. This contrasts with 11,25113 votes garnered by 15 MLAs whose support is claimed by the Uddhav Thakre faction i.e ~ 23.5 per cent of votes polled in favour of winning 55 MLAs,” it stated.

Further, as in opposition to 90,49,789, whole votes polled by Shiv Sena within the General election to the Legislative Assembly of Maharashtra in 2019 (together with the shedding candidates), votes polled by 40 MLAs supporting the Shinde faction come to ~40 per cent whereas votes polled by 15 MLAs supporting the Uddhav Thakre faction come to ~12 per cent of whole votes, the Commission stated.

“The 13 MPs supporting the Shinde faction garnered 74,88,634 votes out of a total of 1,02,45143 votes i.e ~73 per cent of votes polled in favour of 18 MPs in the general election to the Lok Sabha, 2019. This contrasts with 27,56,509 votes garnered by 5 MPs supporting Uddhav Thakre faction (although claimed 6 and affidavits filed by only 4) i.e ~ 27 per cent of votes polled in favour of 18 MPs,” the Commission additional said.

Further, as in opposition to 1,25,89064, the whole votes polled by Shiv Sena within the Lok Sabha election, 2019 (together with the shedding candidates), votes polled by 13 MPs supporting the Shinde faction come to ~59 per cent whereas votes polled by 5 MPs (claimed 6 whereas affidavits of solely 4) supporting the Uddhav Thakre faction involves ~22 per cent, the Commission added.

Last month, each the Maharashtra Chief Minister Eknath Shinde and former CM Uddhav Thackeray-led factions of the Shiv Sena submitted their written statements in help of their claims of management over the get together title and image to the Election Commission.

The ECI had frozen the bow and arrow image of the Shiv Sena and had allotted the ‘Two Swords and Shield symbol’ to the Eknath Shinde faction of Shiv Sena and the ‘flaming torch’ (mashaal) election image was allotted to the Uddhav Thackeray faction for the bypoll in Andheri East meeting constituency in November final 12 months.

In November final 12 months, Uddhav Thackeray had moved a writ plea within the Delhi High Court in opposition to the ECI choice to freeze Election Symbol of Bow and Arrow. However, the plea was dismissed by the courtroom.

Notably, EC handed the interim order saying in Andheri East bypolls, neither of the 2 teams shall be permitted to make use of the image “Bow and Arrow”, reserved for “Shiv Sena”.

The Commission’s ruling had come amid the continuing image conflict between the Uddhav Thackeray camp and rival Eknath Shinde camp. 

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