After hearing arguments from both sides of the Samajwadi factions – represented by some of the finest legal brains in the country – the Election Commission zeroed in on just one factor: the numbers. And Akhilesh Yadav bicycled home comfortably.
The Akhilesh faction, led by Ram Gopal Yadav had submitted signed affidavits of 212 MLAs, 15 MPs and 56 MLCs to the EC supporting the Uttar Pradesh chief minister as their leader. Mulayam had alleged the signatures were forged, but he couldn’t substantiate his charges before the EC.
Eminent lawyer Mohan Parasaran while appearing for Mulayam Singh Yadav, had submitted that EC should apply the “test of functionality” to authenticate which faction was adhering to the party constitution.
However, the EC held that neither faction had adhered to the party constitution while taking decisions, and rejected Parasaran’s plea.
From here on, it was shoo-in for Akhilesh given the brutal majority he enjoyed within SP.
The only way out for the Mulayam faction was to prove that the signatures submitted before EC were forged. However, Mulayam’s army of lawyers could not present any proof in support of the SP patriarch’s arguments.
“Shri Mulayam Singh Yadav, with his reply dated 9th January, 2017, did not file any affidavit (except his own affidavit) of any member of Parliament or State Legislature or of any delegates; nor did he make claim of any support among the aforesaid category of members for his group, inspite of the fact that he had been specifically directed by the above said letter dated 4th January 2017 to file all such affidavits in support of his claim,” said the EC notification.
According to EC, Akhilesh won the “test of majority” with the support of 205 out of 228 MLAs, 56 out of 68 MLCs, and 15 out of 24 MPs (both Lok Sabha and Rajya Sabha). The UP CM also enjoyed the support of 28 out of 46 National Executive members of the SP, 4,400 out of 5731 national convention delegates and 4716 out of 5731 total delegates.
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