After the Election Commission’s (EC) February 17 decision granting the Shiv Sena name and symbol to Maharashtra Chief Minister Eknath Shinde’s faction, the next big question is who will control the party’s properties and bank accounts. This matter can be decided by a civil court if either side decides to move it. When deciding between the Shinde group and the faction led by former Chief Minister Uddhav Thackeray, the EC relied on the “test of majority”. It found that Shinde had the support of the majority of the Sena’s MLAs, MLCs, and MPs. Reacting to the EC decision, Thackeray said Monday the poll body had no role in deciding how the party’s funds are managed. He added that if the Commission takes any decision on the matter, his group will challenge it in court. EC officials told The Indian Express that the panel had no role in the matter. When the Commission ruled on a dispute between factions of the Congress in January 1971, it said it can only rule on the use of the registered name and symbol under the Election Symbols (Reservation and Allotment) Order, 1968. The Supreme Court, by upholding the EC decision in the Sadiq Ali case in November 1971, ruled, “The claim made in this respect is only for the purpose of symbols in connection with the elections to Parliament and State Legislatures and the decision of the Commission pertains to this limited matter. The Commission while deciding the matter under Paragraph 15 does not decide disputes about property. The proper forum for adjudication of disputes about property are the Civil Courts.” Paragraph 15 of the EC order refers to its power to decide disputes between splinter groups of a recognised political party. It says: “When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognised political party each of whom claims to be that party, the Commission may, after taking into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard, decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups.” While the Thackeray camp has moved the Supreme Court against the EC’s February 17 order, it remains to be seen if either side makes a move to secure the party’s funds and property. At the party’s national executive meeting in Mumbai on Tuesday, Shinde said the party would not stake claim to any property, party funds, or wealth of the Shiv Sena.
