Need formula to decide ‘real’ political party: SC
New Delhi: The Supreme Court on Wednesday observed that there must be clearly defined criteria to determine the majority in a political party when rival factions stake claim to its name and election symbol, indicating that such disputes cannot be resolved solely on the basis of the numerical strength of legislators
New Delhi: The Supreme Court ruled on Wednesday that there must be clear criteria to determine majority in a political party when rival factions claim its name and symbol. The bench, consisting of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, made the observations while hearing a challenge by the Uddhav Thackeray-led faction against the Election Commission's February 2023 recognition of the Eknath Shinde-led faction as the "real Shiv Sena" and allotment of its symbol.
The court emphasized that a more nuanced approach was needed for assessing majority in a party than just counting legislators. The court suggested that a political party's constitution could define how the party is constituted and majority within it is determined. The bench stressed that the Election Commission's guidelines, party's constitution or a statute should determine how a majority is assessed.
The court also highlighted that while a political party and its legislative wing are distinct, the party's control subsists over the legislature party.
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