Election Law Notes- Election Symbols

Election Symbol

Political Party- It has to be a party which has some political aims and objects ultimately with a view of gaining power.

A political party must represent a section of the people without which it cannot be called a political party and this has its origin in Constitution of India, article 19(1)(a).

Political party is a group or body of citizens united for promoting the national interest in some particular principles in which all of them are agreed.

The issues or objectives of a political party:

1.      Social Welfare

2.      Good Governance

3.      Every modern state is full of complex problem (Article 38, 39, 40 and 44), so the political parties have to select the most important issue and make the public conscious and formulate public opinion for electing their representatives.

Clause 2 (h) of Election Symbols (reservation and allotments) order, 1968- Political party means an association or body of individual citizens of India registered with the commission as a political party under paragraph 3 and includes a political party deemed to be registered with the commission under the proviso to sub-paragraph (2) of that paragraph.

Registration of Political Parties- Section 29A of RP Act, 1951

Recognition of Political Parties- The Election Commission of India under Article 324 made an order called as Election Symbols (Reservation and Allotment) Order, 1968.

To get recognition, a political party must fulfil certain condition

1.      Has been engaged in political activity for a continuous period of five years.

2.      Has at the general election in the state for the time being in existence returned at least a certain amount of number (Refer to Rules)

3.      A certain number of valid votes must be acquired by the party.

Two Categories- National Party and State Party

National Party- 4 States or more

State Party- 4 States or Less

Election Commission can derecognize such parties as political party.

Shiromani Akali Dal v. Election Commission of India, AIR 1994 Punjab and Haryana 77- It was challenged that Election Commission has no right to derecognize a political party. Petitioners said that this Election Symbol Orders is vague and insufficient. They also challenged that as per paragraph 6, if a party fails to participate in election, it would mean derecognition. (A.K. Roy v. Union of India, AIR 1982 SC 710)

M/S Girdhari Lal and Sons v. Balbeer Nath Mathur, AIR 1996 SC 1499- Court said that Election Commission do not have power to derecognize. Court was not competent to strike down a provision of law on the ground of vagueness by amending or adding to the statute.

Allotment of Symbols- A reserved symbol is a symbol which is reserved for a recognised political party

for exclusive allotment to contesting candidates set up by that party.

A free symbol is a symbol other than a reserved symbol.

Disputes in Election Symbols

Para 15 and Para 16 of Election Symbols (Reservation and Allotment) Order, 1968

Sanyukta Socialist Party v. ECI- AIR 1967 SC 898- The Supreme Court held that although no power is given to the election commission to fulfil its own wishes on parties and candidates, it can in a suitable case restore the lost advantage to a party before a symbol can be said to be finally assigned to the other party.

Saddik Ali v. ECI- AIR 1972 SC 187- It was held that the commission while deciding the matter under Paragraph 15 does not decide dispute about property of political parties. The proper forum for adjudication of such disputes is the civil court.

C.Parshuram Naidu v. N.Venkataramaiyya Naidu- AP High Court Case- Whether the EC has power to order change of symbol allotted to a candidate? EC has power to revise allotment of symbols only and not to change it. The High Court held that the jurisdiction of the commission is preserved to issue the order for change of symbols subsequent to allotment and this jurisdiction is conferred by virtue of powers under article 24, Rule 10(4) Election Rules and Paragraph 18 Election Symbols Order, 1968.

Jamil v. Gul Mohammad- AIR 1980 Rajasthan 166- The HC expressed the view that though the political party is debarred from making a representation to the returning officer for election symbol after 3 PM on the last date of withdrawal of candidature, yet the powers of Election Commission under article 324 read with Rule 10(4) of 1961 are unfettered to issue directions or instructions to the returning officer to change or allot particular symbol to a particular candidate.

All Party Hill Leaders Shillong v. Captain W.A.Sangma- AIR 1990 SC 19- The change in symbol had materially affected the election of the petitioner. The HC allowed the petition and declared the election of the returned candidate to be void. The SC set aside the order of the HC. While admitting the importance of symbols for the purpose of holding election, the SC held that the petitioner must discharge his burden of proof that his election was materially affected because of infringement of Rule 10(5) of Conduct Rules. Mere assertion in petition is not sufficient. The violation of 10(5) would not make ipso facto, the election void.

A.Dake v. Swami – AIR 1973 SC 1944- Similar symbols (Boat and Aeroplane). Court said this does not make any difference in outcome of the votes. They are frivolous assertions. It creates hurdles in the administrative process.

Election law provides a complete procedure, compliance of which is necessary to maintain the purity of elections.