New Delhi, Aug. 6 -- The The Supreme Court on Wednesday observed that there must be clearly defined criteria to determine the majority in a political party when rival factions stake claim to its name and election symbol, indicating that such disputes cannot be resolved solely on the basis of the numerical strength of legislators. A bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana made the observations while hearing the challenge by the Uddhav Thackeray-led faction against the Election Commission's February 2023 decision recognising the Eknath Shinde-led faction as the "real Shiv Sena" and allotting it the party's bow-and-arrow symbol. The bench indicated that the concept of "majority" in a political party required a more nuanced examination than merely counting legislators. "There should be defined criteria. If there are defined criteria, to a large extent such situations can be prevented," it observed. The court further said that a political party's constitution could itself prescribe how the party is constituted and how a majority within it is to be determined. "The Constitution of the party will prescribe how the party is constituted and how a majority within that party is to be determined," remarked the bench, while adding that one faction may rely on elected representatives whereas another may point to office-bearers, primary members and organisational wings. "There has to be some formula under the Election Commission's guidelines, the party Constitution or a statute to determine how a majority is to be assessed," it emphasised. The observations are significant because the Election Commission is currently engaged in deciding the "real" Trinamool Congress (TMC). And the observations assume significance because the Election Commission, while deciding the Shiv Sena dispute, ultimately relied on the numerical majority enjoyed by the Shinde faction in the legislature after finding the first two tests under the 1971 Sadiq Ali judgment inconclusive....