While delivering its final order allotting the name 'Shiv Sena' and its poll symbol 'bow and arrow' to the group led by Maharashtra Chief Minister Eknath Shinde, the poll panel also observed that the constitutions of political parties ought to provide for the free, fair and transparent election of office-bearers.p
It also stressed a free and fair procedure for the resolution of internal disputes. "These procedures ought to be difficult to amend and should be amendable only after ensuring a larger support of the organizational members for the same," it said.

It said that by the time a dispute comes to the Commission, the party constitutions are often seen to have been mutilated to undemocratically appoint people from a coterie as office-bearers without any election at all.?Such party structures fail to inspire the confidence of the Commission and it is forced to ignore the numerical strength of opposing factions in the organizational wing altogether despite being conscious of its importance and the role as the building block of the party.?

This seemingly unjust situation is often a creation of the party itself which failed to create a robust constitution that provides for democratic structures within the party, it said. It felt political parties should regularly disclose to the public key aspects of their inner party functioning, such as organizational details and elections held.