After hearing arguments from both sides of the Samajwadi factions – represented by some of the finest legal brains in the country – the Election Commission of India(ECI)zeroed in on just one factor: the numbers. And Akhilesh Yadav bicycled home comfortably
The Akhilesh faction, led by Ram Gopal Yadav had submitted signed affidavits of 212 MLAs, 15 MPs and 56 MLCs to the EC supporting the Uttar Pradesh chief minister as their leader. Mulayam had alleged the signatures were forged, but he couldn’t substantiate his charges before the ECI
Eminent lawyer Mohan Parasaran while appearing for Mulayam Singh Yadav, had submitted that EC should apply the “test of functionality” to authenticate which faction was adhering to the party constitution.
However, the EC held that neither faction had adhered to the party constitution while taking decisions, and rejected Parasaran’s plea.
The ECI now applied the “test of majority” to determine whom to give the symbol as propounded in Sadiq Ali’s case (A 1972 case in which the Supreme Court had held that in matters of disputes among splinter groups of a party, the test of majority support among the members of the organizational and legislature wing of the party is the critical test to decide the dispute.)
According to EC, Akhilesh won the “test of majority” with the support of 205 out of 228 MLAs, 56 out of 68 MLCs, and 15 out of 24 MPs (both Lok Sabha and Rajya Sabha). The UP CM also enjoyed the support of 28 out of 46 National Executive members of the SP, 4,400 out of 5731 national convention delegates and 4716 out of 5731 total delegates.
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