Explained: How ECI decides who keeps party symbol in case of spilt

The vertical split in NCP has led to a similar situation when Shinde and Uddhav had fought for Shiv Sena's name and symbol.

The ongoing tussle for power between Ajit Pawar and his uncle Sharad Pawar after the former joined the BJP government in Maharashtra has created major political ripples across the nation.

Besides Ajit Pawar, eight other NCP MLAs, including Chhagan Bhujbal and Hasan Mushrif, were sworn in as ministers in the Eknath Shinde cabinet.

The vertical split in the Nationalist Congress Party (NCP) has raised many questions as both the factions have claimed maximum number of MLAs are with them.

This resembles the situation when Eknath Shinde and Uddhav Thackeray had fought for Shiv Sena's name and symbol. Now, Ajit and Sharad Pawar have got into a political war for the "real party" tag.

Also read: Poster calls for Uddhav, Raj to unite after NCP rebellion

Sharad Pawar has reportedly sent a letter to the Election Commission of India (ECI) claiming all the rights over the party. Here is an explainer on how the ECI settles a symbol dispute when a party is divided into two

What does the law say?

Party symbols come under the purview of the Election Symbols (Reservation and Allotment) Order, 1968, that aims "to provide for specification, reservation, choice and allotment of symbols at elections in Parliamentary and Assembly Constituencies, for the recognition of political parties in relation thereto and for matters connected therewith". The ECI holds the authority to recognise and allot party symbols, even during a dispute.

Disputes over party symbols fall under the purview of Paragraph 15 of the Order, which 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."

Parameters considered

In case of a dispute, the ECI considers several factors, but one of the most crucial factor is the support enjoyed by each claimant in the party's organisation and legislative wings.

It identifies the party's apex organisational committee(s) and determines the number of office-bearers, delegates and members who support the rival claimants. For support within the party’s legislative wing, the ECI looks at the number of MPs and MLAs who support each rival claimant.

After considering all those factors, if the ECI finds that a faction holds majority of support from the members, it may decide to make its ruling in favour of that particular faction, and ask the losing side to form a separate party with a different symbol.

What happens when majority support is undecided?

In case the ECI is unable to find a clear majority of support for either of the factions, it may freeze the existing symbol and ask the two sides to register themselves with new party names and symbols.