The Commission observed that the current constitution of the Shiv Sena party is undemocratic. It has been mutilated to undemocratically appoint people from a coterie as office-bearers without any election at all. Such party structures fail to inspire confidence. 

In a landmark decision with far-reaching implications on political parties and their conduct, ECI advised all political parties to reflect democratic ethos and principles of inner party democracy and regularly disclose on their respective websites aspects of their inner party functioning, such as organisational details, holding of elections, the copy of constitution and list of office-bearers. 

"The constitution of political parties ought to provide for free, fair and transparent elections to the posts of office-bearers and a further 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 larger support of the organisational members for the same," the ECI said. 

"The constitution of SS amended in 2018 is not given to ECI. Amendments had undone the act of introducing democratic norms in the party constitution of 1999, brought by the late Balasaheb Thackeray at the insistence of the commission," the ECI added. 

The ECI observed that the undemocratic norms of the original constitution of Shiv Sena, which was not accepted by the Commission in 1999, have been brought back in a surreptitious manner, further making the party akin to a fiefdom.