Explained: Fight over 'real' Shiv Sena and how EC allocates party symbols to factions

Even as the tussle between the Uddhav Thackeray faction and Eknath Shinde group continues to grow after the the latter split from the erstwhile Shiv Sena in June, both sides have staked claim to the party name and symbol as both believe they constitute the real Shiv Sena.

The Supreme Court on September 27 allowed the Election Commission to go ahead with the hearing of Maharashtra Chief Minister Eknath Shinde group's plea seeking recognition as the real Shiv Sena and allocation of the party's bow-and-arrow poll symbol to it.

Also Read | Uddhav Thackeray faction calls EC order on symbol 'injustice'

The allocation of the symbol and party name are extremely crucial in view of the upcoming Andheri East Assembly bye-election. The bye-election is set to be held on November 3. Interestingly, the Eknath Shinde-led camp is not even contesting the bypoll. The contest is primarily between Uddhav's group and the BJP.

However, the ECI on Saturday declared that both the Uddhav Thackeray camp and the Eknath Shinde camp can't use the party name and its election symbol for the Andheri East Assembly bypoll.

Why did the ECI decide to freeze the Shiv Sena symbol and name?

The Shinde faction moved ECI on October 4 seeking the allocation of the ‘bow and arrow’ poll symbol to its group while the Thackeray faction sought four more weeks to carefully understand the documentation submitted by the rival faction. However, on Saturday the ECI passed an interim order not permitting both factions to use the symbol.

To place both rival groups on an even keel and protect their rights and interests, and going by precedence, the Commission did not permit both groups to use the name of the party 'Shiv Sena' or the symbol.

Also Read | Shinde, Uddhav have plan Bs if EC freezes 'bow and arrow' symbol

As per the order, “Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party 'Shiv Sena'.”

"Both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the Election Commission for the purposes of the current bye-elections," the order mentioned.

How does the ECI decide on allocating symbols in such cases?

The ECI cited the 15th paragraph of ‘The Election Symbols (Reservation And Allotment) Order, 1968’ in its interim order.

It follows the procedure mentioned under ‘Power of Commission in relation to splinter groups or rival sections of a recognised political party’ in allocating symbols and names to parties in such cases.

The 15th paragraph states that once the Commission recognises that there is a situation in which there are “rival sections or groups of a recognised political party each of whom claims to be that party” then the Commission assesses the situation.

Also Read | Uddhav dubs Shinde as 'Ravan', latter calls him 'betrayer of Hindutva' as Sena vs Sena war intensifies

The Commission assesses facts and circumstances and decides if any of the faction is the recognised political party or not and “the decision of the Commission shall be binding on all such rival sections or groups.”

The ECI will follow the same procedure to decide whether the Shiv Sena symbol and name will be used by any of the factions.

Since the split, what other things have both camps been fighting for?

Since the split, both camps claimed to be the ‘real Shiv Sena’. Uddhav Thackeray said the party was founded by his father Bal Thackeray and he is the current president of the party, making his camp the true Shiv Sena. However, according to Eknath Shinde , by forming alliances with Congress, Uddhav did not keep the values of Bal Thackeray.

Both factions fought for historic Shivaji Park to hold the annual ‘Dussehra melava’. The venue has been associated with Shiv Sena for its Dusshera rally since its inception in 1966.

For the first time since the Shiv Sena's inception 56 years ago, two Dussehra rallies were held in Mumbai. The Uddhav faction held its rally at Shivaji Park in Dadar in central Mumbai after the Bombay High Court directed the Brihanmumbai Municipal Corporation (BMC) to grant permission. The rebel group led by Shinde organised their event at the MMRDA ground at BKC in the suburbs.

The fight for the name and symbol became intense because of upcoming bye-elections. Until ECI’s interim order to freeze the Shiv Sena name and symbol, Uddhav’s faction was regarded as Shiv Sena and Shinde’s faction was called the ‘Rebel Shiv Sena’. The ECI directed both groups to furnish their choices of names and symbols which may be allotted to them by October 10.

The EC said the interim order will continue "till the final determination of the dispute."