Shiv Sena Rift : Why Election Commission Allowed Eknath Shinde To Retain Official Name & Symbol?
Following are the three tests and their application as per which the ECI made its decision–
I. Test of Aims and Objects of the Party Constitution
II. Test of Party Constitution
III. Test of Majority
The ECI, after applying the tests noted that the following outcomes had been revealed–
1. No serious contestation on facts by either side of numerical outcome of legislative wing test had emerged.
2. There was a "democratic deficit" in the amended constitution and the process of its amendments and its workings.
3. The claims of numerical majority in organisational wing by both factions was not satisfactory.
4. The combined reading of the respective numerical counts in the present case reveal more like reliability in the legislative wing.
5. Within the number count, an overwhelming numerical superiority of the Eknath Shinde faction in legislative wing was categorically verifiable. The numerical count included all MPs, MLAs, MLCs.