Election Commission’s has no power to decide on party’s account and property

Election Commission’s has no power to decide on party’s account and property

Subject :Polity

Section: Elections

Context: After the Election Commission’s (EC) February 17 decision granting the Shiv Sena name and symbol to Maharashtra Chief Minister’s faction, the next big question is who will control the party’s properties and bank accounts.

Concept:

• The EC relied on the “test of majority”. It is  found based on the support of the majority of the MLAs, MLCs, and MPs.
• When the Commission ruled on a dispute between factions of the Congress in January 1971, it can only rule on the use of the registered name and symbol under the Election Symbols (Reservation and Allotment) Order, 1968

The Supreme Court, by upholding the EC decision in the Sadiq Ali case in November 1971, ruled, 

• The claim made in this respect is only for the purpose of symbols in connection with the elections to Parliament and State Legislatures and the decision of the Commission pertains to this limited matter.
• The Commission while deciding the matter under Paragraph 15 does not decide disputes about property.
• The proper forum for adjudication of disputes about property are the Civil Courts.

Paragraph 15 of the EC order

• its power to decide disputes between splinter groups of a recognised political party is mentioned in para 15.
• When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognised political party after verification ,decide that one such rival section or group or none of such rival sections or groups is that recognised political party
• The decision of the Commission shall be binding on all such rival sections or groups.

EC officials said that the panel had no role in the matter.This matter can be decided by a civil court if either side decides to move it.