Powers of Election Commission in Election Symbol Dispute
- The Election Commission is empowered to identify political parties and allot symbols under the Election Symbols (Reservation and Allotment) Order, 1968.
- In case a recognized political party splits- Under paragraph 15 of the Order, the Commission can decide which faction can use the symbol or the Commission may also choose to freeze the symbol and ask both factions to contest in fresh elections.
- The EC may take into account all the available facts and circumstances and undertake a test of majority. It tests the strength of a party organization’s support among the splitting factors. The decision of the Election Commission shall be binding on all such rival sections/groups.
- Additionally, if the claimants are reunited, they may approach the EC once more and ask to be recognized as a unified party. The Commission has the authority to approve group mergers into a single political party. Even the Commission may restore the name and symbol of the original party.
- In Sadiq Ali and another vs ECI in 1971, the Supreme Court upheld the validity of the Election Commission as the only authority to decide issues on a dispute or a merger.
- In case of registered unrecognized party splits, the Election Commission encourages the fighting groups to resolve their disputes internally or to approach the court.
Power of Election Commission of India
The Election Commission of India (ECI) is a self-governing constitutional authority that supervises the Election process in India as per the Indian Constitution. On January 25, 1950, the ECI was established to define and control our nation’s multi-tiered electoral process. The most crucial role of the Election Commission of India is to make sure that elections are conducted fairly and in accordance with the Model Code of Conduct.
Under Article 324(2), the ECI comprises a Chief Election Commissioner and two other Election Commissioners who are appointed by the President of India for a period of 6 years or up to the age of 65 years, whichever comes first. The multi-member ECI operates under the majority vote principle.
Table of Content
- What is Election Symbols?
- How is an Election Symbol Allotted?
- Powers of Election Commission in Election Symbol Dispute:
- Can anyone challenge the decision of the Election Commission?