'D-Day' for SP today: EC likely to announce order; symbol 'cycle' to be frozen, say sources

New Delhi: The Mulayam and the Akhilesh Yadav camps on Friday argued before the Election Commission to stake claim over 'cycle' election symbol of Samajwadi Party even as the poll body reserved its order on the issue. The constitutional body is likely to announce its decision on the issue today. However, if sources are to be believed, none of the two factions will get to claim the party symbol 'cycle'. Instead, it will be frozen by the Election Commission. Instances of the freezing of the party symbol in the past: Earlier, in the history of politics in India, there have been two instances where two factions in a party have fought to claim the party symbol.

• In a first in 1969, the Congress split into two factions. One led by Indira Gandhi and the other by K. Kamaraj. Both the factions claimed their right to the party symbol 'a pair of bullocks'. The Election Commission consequently froze the symbol.
• The second such instance took place in 1999 where the two factions of Janta Dal, one led by Sharad Yadav and the other by H. D. Deve Gowda staked claims over party symbol 'chakra'. Once again, the Election Commission froze the symbol.

Thus, it can be said that if the Election Commission chooses to follow the same pattern, then the chances of the freezing of the 'cycle' are almost certain. Samajwadi Party feud:  Samajwadi Party founder Mulayam Singh Yadav and his son and Uttar Pradesh Chief Minister Akhilesh Yadav have been asserting their respective claims over the party's election symbol 'cycle'. Mulayam Singh has been insisting on his right to the symbol being the party founder and also its "present president". Akhilesh was appointed the "President" of the party at an "emergency national convention" called on January 1 in Lucknow. The meeting was convened by Akhilesh's confidante and Rajya Sabha member Ram Gopal Yadav. The Akhilesh-led faction has been claiming ownership to the symbol, saying that it enjoyed the support of the majority of the party's members of Parliament and the legislators. Friday meeting before the Election Commission:

• Interestingly, during the 4 hour meeting on Friday, Mulayam Singh Yadav said that there is no split in the ruling Saamajwadi Party.
• To which, Election Commissioner Nasim Zaidi asked Mulayam as to who should claim the party symbol 'cycle'? Mulayam immediately asserted his right over the election symbol. Consequently, Zaidi said, "That means, Samajwadi Party has split."
• Citing past precedents, Election Symbol Order of 1968 and provisions of the Representation of the People Act, including Section 29A, the Akhilesh camp argued that since the numbers are stacked in favour of the CM, the symbol should go to him.
• But the Mulayam camp, represented by senior advocate and former Solicitor General Mohan Parasaran said since there is "no vertical split in the party such as SP (Mulayam) and SP (Akhilesh), the Commission lacks jurisdiction to allocate symbol to one of the groups.
• Appearing for Akhilesh Yadav, senior counsels Rajeev Dhavan and Kapil Sibal argued before the Commission that majority of the MPs, MLAs, MLACs and party delegates are with the Uttar Pradesh Chief Minister.
• During the nearly 4.5 hours of arguments, rival cousins Mulayam Singh and Ramgopal were present. While Mulayam was accompanied by his brother Shivpal, Ramgopal was with Rajya Sabha MP Naresh Agarwal.
• Giving an account of the hearing on Friday, Rampal said: "Mulayamji said that he is the legal President of the party since the beginning. So, no one can remove him from the position by holding illegal or invalid conferences."
• The lawyer said that Mulayam Singh told the commission that he is the incumbent President of the party as per its constitution.
• Rampal also said that Kapil Sibal, who represented Mulayam's son and Uttar Pradesh Chief Minister Akhilesh Yadav at the hearing, told Chief Election Commissioner Nasim Zaidi that it is Akhilesh's party.
• The Mulayam camp also argued that since no resolution was passed at the convention called by Akhilesh loyalist Ramgopal Yadav on January 1 removing Mulayam as the party president and that the party is one, para 15 of the The Election Symbols (Reservation and Allotment) Order, 1968 does not apply on the case.
• The claim was countered by the Akhilesh camp which said in one of the letters addressed to the Commission, Mulayam loyalist Amar Singh has used the term 'splinter group' and that both sides are before the Commission staking claim over symbol which indicates a 'dispute'.
• "Both the sides staked claim on the election symbol. No one argued for freezing the symbol," Dhavan later said. Responding to a question, he said though no one argued for freezing the symbol, it is one of the options available with the Commission.

The Mulayam-led faction had approached the EC on January 2. The Akhilesh-led faction led by Ram Gopal Yadav approached the commission on January 3. Earlier on Friday, Akhilesh-led faction asserted that it was confident of getting the party symbol 'cycle'.