DNA Explainer: Who will be recognised as 'real Shiv Sena', Uddhav or Shinde faction?

The clarion for the battle of Maharashatra has been blown and now the swords are drawn. The fight will now be face to face and not from behind the curtains. Uddhav Thackeray has resigned and paved the way for Eknath Shinde to become the Chief Minister of Maharashtra. The fortunes have been turned around and the hoardings put up in Thane, the home turf of Eknath Shinde, tells the tale of changing times.

While Uddhav Thackeray is out from the hoardings, along with Shiv Sena founder Balasaheb Thackeray, the photos of Eknath Shinde, his mentor Anand Dighe, his MP son Shrikant Shinde, and the party logo of a Tiger can be clearing seen. 

Read | Can Eknath Shinde group really get the original Shiv Sena symbol?

The BJP on the other hand has played its part cleverly. Despite having 106 MLAs it chose to make Eknath Shinde the Chief Minister of Maharashtra who has 39 rebel Shiv Sena MLAs with him. Devendra Fadnavis meanwhile, was sworn in as Shinde's deputy.

This could be BJP's masterstroke to further isolate Uddhav Thackeray. With Eknath Shinde at the helm, more Shiv Sainiks inside and outside the legislature might align themselves with him, making his faction even more powerful. Eknath Shinde has already been claiming to follow Shiv Sena founder Bal Thackeray's ideology ever since he broke away from the Maha Vikas Aghadi alliance.

The rift in Shiv Sena will also have its impact on the ground. Which way the Shiv Sainiks will go is yet to be seen. It is assumed that while some may rally behind the MLAs of their constituencies, many may show their allegiance to the Thackeray family. Then there is the upcoming elections to major municipal corporations, including Mumbai, this year where several from the Thackeray camp will also contest.

So does this mean the end of Uddhav Thackeray era in Shiv Sena and the takeover of the party by Eknath Shinde? 

Both factions claim over Shiv Sena

According to the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission of India will take the final call as to who will get to keep the Shiv Sena party symbol and which faction will be recognised as the real Shiv Sena.

The Election Commission will take into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard. The decision of the Commission shall be binding on both the factions.

While Eknath Shinde government may chose their own Speaker who may rule on the disqualification pleas in the rebels' favour, they could even go to the extent of disqualifying the 16 MLAs from the Uddhav Thackeray camp for not following the party whip. However, the issue of disqualifying the rebels is still before the Supreme Court.

What are the challenges?

Many point out that claiming the support of majority Sena MLAs will not guarantee that the Eknath Shinde faction can be treated as the 'real Shiv Sena' or get to keep the trademark party logo or its election symbol, Bow and Arrow.

The party's different decision-making bodies, the other elected branches like its trade union, women's wing, youth wing, the number of party members, active members, among others would also come into play besides the number of lawmakers.

Once the rebel faction place their claims, the Election Commission of India which would ultimately decide which of the split faction deserved to be the original Shiv Sena party and be alloted the party assets, after examining precedents in such disputes. However, if any of the party is not satisfied then they can approach the courts.