Two incidents, which happened on January 1, 2017, were 'unconstitutional' in the eye of SP supremo Mulayam Singh Yadav. Firstly, the convention of a National Executive meeting by Ramgopal Yadav without MSY's approval and secondly, the pronouncement of his son, Akhilesh Yadav, as party president in an ‘unconstitutional’ meeting, called by his son.
In a state where the family political drama is on an all-time high and expulsions/suspensions are a breakfast deal, both factions of Samajwadi party are fighting for one common goal- the attainment of the 'cycle' election symbol.
As both sides present their cases and the ball now lies in the Election Commission's court, TNIE explores legalities and possibilities surrounding the ongoing issue:
WHAT CAN HAPPEN TO SAMAJWADI PARTY?
Ramgopal Yadav's has been expelled and his face has been cut out from all party posters. Akhilesh Yadav seems to still be a supposed part of his father's Samajwadi party.
· Depending on how the 'symbol' aspect of the party gets resolved, either Mulayam Singh Yadav may need to step down and let his son take over or the party may split two-ways.
· If the latter occurs, chances are the original Samajwadi party under Mulayam may suffer a harsh road to UP polls as the public is swinging in support of the younger and charismatic Yadav.
· If a party split becomes the way, BJP and Congress have a stronger battling ground in UP as well.
· On 14 April 2015, Samajwadi Janata Party (Rashtriya), Janata Dal (United), Janata Dal (Secular), Rashtriya Janata Dal, the Indian National Lok Dal, and Samajwadi Party, had announced that they would merge into a new national alliance, Janata Parivar in order to oppose the Bharatiya Janata Party. Mulayam, in the last two months of 2016, put it out in the open that SP will not be getting into any alliances. This also leaves Akhilesh with the option of re-igniting the 'grand' alliance conversation.
WHAT CAN THE ELECTION COMMISSION DO?
According to the Election Commission website, splits, mergers and alliances have frequently disrupted the compositions of political parties.
· There is a defined process if conflicting factions approach the EC to claim over the same party and symbol.
· The Election Commission examines the strength of both the factions and tries to resolve these disputes in a quasi-judicial process.
· It judges the support base among the national executive members, MLAs, MPs or the candidates for each faction. So far, Akhilesh was able to assemble a greater number of MLAs during his national executive meet, but the SP supremo is playing the 'founder' card to retain his party symbol. Thus, greater the share of supporters, higher the chances of winning the cycle!
· However, EC is not the end of the road. Its decisions can be challenged in the courts, and this can become yet another battleground if both factions of SP are left unsatisfied.