Sibal argued that para 15 of the Election Symbols Order does not recognise the concept of a legislative party. Yet, the ECI based its decision upon a split in the legislative party and held that there was a split in the party itself. can never arise in the legislative party, Justice Bagchi however said that the Subhash Desai judgment does not bar an examination whether the legislative split has percolated to the parent party. "The Constitution Bench says that the test of a split cannot be restricted to a split in the legislative party. If you allow such political events to take place, that a wing of political party splits, calls itself the party and goes to the Commission, then it's hurricane.