Aakhir beta hai: Did Akhilesh win the cycle? Or did Mulayam lose it?

Rejecting the stand taken by the Mulayam Singh camp, the commission said there was a clear split in the party.
Uttar Pradesh Chief Minister Akhilesh Yadav and Samajwadi Party patron Mulayam Singh Yadav | PTI
Uttar Pradesh Chief Minister Akhilesh Yadav and Samajwadi Party patron Mulayam Singh Yadav | PTI

Leaks from within the Election Commission indicate that Samajwadi Party boss Mulayam Singh yadav put up no resistance to his son’s claim to the party’s election symbol, cycle, when the two factions presented their cases to the poll panel last week.

Sources in the Election Commission said Mulayam Singh Yadav did not dispute the numerical strength claimed by his son, the Uttar Pradesh chief minister Akhilesh Yadav, and this enabled the commission to deliver its verdict in the case after a single hearing. And the verdict was that the prized symbol, crucial to the Samajwadi Party’s chances in the upcoming election, would go to the son, not the father.

On January 16, the commission gave the symbol to the faction headed by Akhilesh Yadav, recognising it as the Samajwadi Party (SP). It came as a major boost to the chief minister ahead of the Assembly polls in Uttar Pradesh (UP).

The runup to the Election Commission’s verdict had been contentious in the tradition of political party factions claiming the family silver. On January 13, the Akhilesh Yadav camp spent four and a half hours to convince the poll panel that it had the majority support of the party’s MPs, MLAs, MLCs and delegates; and  therefore, the symbol should be given to it.

When the Mulayam faction turned up at Nirvachan Bhavan to make its case, its presentation was on the basis of technicalities: it said there was no dispute in the party and that it’s had not split into two factions, and that the party conclave called by Ram Gopal Yadav on New Year’s eve was illegal as it was called after he had been fired from his post in the party, and so on.

But the father did not dispute the affidavits tendered by Akhilesh Yadav to buttress his claim.

Asked whether the commission verified the affidavits filed by Akhilesh Yadav, a source privy to the Election Commission proceedings pointed out that the onus of disputing a rival faction’s claim lies with the opposite side and not the poll panel.

"Why should the commission dispute it on behalf of the opposite party? Why should the commission disbelieve the (Akhilesh’s) affidavit? Even in a regular court, disputing authenticity is the job of the opposite side," the source stated.

The Election Commission’s role in arbitrating such party disputes is that of a quasi-judicial body. It went by the established precedent of basing its judgement on a faction’s numerical strength as directed by the Supreme Court in a 1972 verdict.

"A mere look at the figures will evidently demonstrate that Akhilesh Yadav enjoys overwhelming majority support, both in the legislative and organisational wings of the party.

"As a logical consequence of the above finding and applying the test of majority support approved by the Supreme Court in the case of Sadiq Ali and consistently applied by the commission thereafter in all cases of disputes in recognised political parties arising before it from time to time...the group led by Akhilesh Yadav is the Samajwadi Party and is entitled to use its name and its reserved symbol Bicycle...," the Election Commission said in its 42-page order.

Rejecting the stand taken by the Mulayam Singh camp, the commission said there was a clear split in the party.

"The commission is satisfied that a split has arisen in the Samajwadi Party resulting in the formation of two rival groups -- one led by Akhilesh Yadav and the other led by Mulayam Singh Yadav, each claiming to be that party, and, therefore, the matter needed to be determined by the commission under Para 15 of the Symbols Order," the poll panel said.

It said 205 of the party’s 228 MLAs, 56 of the 68 MLCs, 15 of the 24 MPs and 28 of the 46 National Executive members sided with Akhilesh.Also, 4400 of the 5731 National Convention delegates signed in favour of the chief minister, the order said.

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