The Election Commission’s order recognising the faction headed by UP Chief Minster Akhilesh Yadav as the Samajwadi Party and allotting the reserved symbol ‘Cycle’ to it for contesting the coming Assembly elections was based on two aspects: Whether there was a split in the party or not and the numerical strength of the two factions.
The faction, led by Mulayam, contended before the commission that there was no split in the party. But the commission held that there was a split in the SP resulting in the formation of two rival groups-one led by Akhilesh and the other led by Mulayam. It surmised its decision on the letter by SP General Secretary Amar Singh who had mentioned about a "splinter group" and also on Mulayam's assertions that the EC should not consider the claims of any other grouping which the poll panel took as the “existence” of a rival faction. Hence, it dealt the issue under para 15 of the symbol order.
Akhilesh’s counsel Kapil Sibal argued before the commission that once a dispute arises relating to a split in a recognised political party, which needs determinations by the commission and the commission has to decide such dispute in accordance with the test of majority approved by the Apex Court in the case of Sadiq Ali and Another vs Election Commission of India.
Sibal further argued that the commission is not required to sit in judgement whether the rival groups are acting in accordance with the party constitution and whether and whether any members or leaders of the party have been rightly expelled or not as these are civil matters to be decided by the civil courts.
While arguing on the question as to what test has to be applied by the commission or what parameters have to be kept in view by the commission while deciding the symbol matter, Sibal said that the commission is required only to apply the test of majority or numerical strength of the rival groups or sections in the legislative and organizational wings of the party. On the other hand, Mulayam's counsel Mohan Parasaran has taken a contrary view that the commission has first to judge the relative claims of the rival sections or group on the touchstone of their functioning as per the provisions of the party constitution.
After perusal of all documents including numerical strength of the party’s MlAs, MlCs, MPs and delegates and affidavits submitted by Akhilesh faction, the commission ruled that the group led by Akhilesh is the SP and is entitled to use its name and its reserved symbol ‘Cycle’ for the purposes of the Election Symbols (Reservation and allotment) Order 1968.
The Commission in its order also mentioned the Telugu Desam Party’s split on March 12, 1996, disputes relating to Rashtriya Janata Dal and All India Rashtriya Janata Party and split in Janata Dal in 2000 and split in Congress in 2004.