Thankfully, there’s a precedent.
New Delhi: What options does the Election Commission have when two warring factions of a political party approach it to stake claim to the party’s electoral symbol?
The election watchdog is faced with a similar issue right now and has reserved its verdict on who will ride home with the Samajwadi Party’s ‘cycle’ symbol — father Mulayam or son Akhilesh.
Thankfully, there’s a precedent.
The two factions were also allowed to suggest a choice of symbol pending final decision by the commission.
On the Samajwadi Party saga, the Election Commission has time till January 16 to take a call as the process of filing nomination for the first phase of polling in Uttar Pradesh begins the next day. The seven-phase elections in the state begin on February 11 and end on March 8.
The EC on Friday reserved its order on the claims by the Mulayam and Akhilesh factions of the Samajwadi Party after a five-hour hearing.
ALSO READ: Cycle or No Cycle, Team Akhilesh Gears up for Uttar Pradesh Elections
The matter was heard by the three-member full bench of the commission, headed by Chief Election Commissioner Naseem Zaidi.
Mulayam Singh Yadav and his brother Shivpal were present during the hearing, with a battery of lawyers led by senior Supreme Court advocate M Parasaran.
Uttar Pradesh Chief Minister Akhilesh Yadav was represented by Mulayam’s cousin Ram Gopal, and party leader Kironmoy Nanda. Their faction was represented by a legal team led by Kapil Sibal and Dr Rajiv Dhawan.
To back this claim, the Akhilesh faction has already submitted signed affidavits claiming the support of more than 200 MLAs and a majority MPs of the party.
Mulayam, on the other hand, maintains there is no split in the party. Through his legal team, Yadav Sr insisted that he continues to be the national president of the Samajwadi Party since the January 1 convention called by Ram Gopal, where Akhilesh was ‘elected’ the party chief, was unconstitutional.
To buttress his argument, Mulayam presented the party constitution, claiming that Ram Gopal had no legal authority to call for the emergency convention since he had been sacked from the party.
The Mulayam faction also questioned the veracity of the documents and affidavits submitted by Ram Gopal.
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