INSUBCONTINENT EXCLUSIVE:
NEW DELHI : While the Election Commission is yet to take a call on whether the split in Nationalist Congress Party (NCP) warrants
symbol, the tests laid down in the 1971 Supreme Court judgement in the Sadiq Ali case are likely to be applied once again to adjudicate the
dispute.Former chief election commissioners O P Rawat and Sunil Arora, when contacted by TOI, concurred that Sadiq Ali verdict remains the
fundamental tests to decide poll symbol disputes
These are: test of aims and objects of party; test of party constitution; and test of majority.Under the first test, EC determines if either
Test of party constitution requires EC to confirm if affairs of the party were being conducted as per its constitution and reflect inner
supporting each faction, based on affidavits or signed documents submitted, and total votes polled by them at the last parliamentary or
pronounced on February 17, EC had found averments under the test of aims and objects, test of party constitution and test of majority in
terms of organisational strength, inconclusive
It finally went only by test of majority in legislature to allot the Sena name and reserved symbol to the faction led by Eknath Shinde.After
the rival factions of a party file the requisite documentation such as letters or affidavits of support from MLAs/MPs/MLCs and resolutions
warrants proceedings under Para 15 of the Symbols Order
The documents submitted by each side are shared to help them frame their future arguments.If a poll or bypoll is imminent, to ensure a level
playing field, EC may freeze the reserved symbol and ask rival factions to choose a separate party name and symbol until settlement of the
EC then starts hearings in a quasi-judicial capacity
In its final order, the poll panel declares as to which faction it recognises as the real party, eligible for use of the reserved symbol
