Election Symbols Issue in Maharashtra

Introduction

• A faction within a political party led by the Maharashtra Deputy CM has been officially recognized as the legitimate group by the Election Commission of India retaining its election symbol.

Also read:

How are Symbols allotted to Political Parties in India?

Election Symbol and its Significance

• Electoral Impact: Election symbols play a crucial role in shaping the electoral fortunes of political parties, influencing voter perception and identification.
• Transparency Concerns: The current system of symbol allotment warrants review to ensure transparency and fairness in the electoral process.

EC’s Powers in Symbol Disputes

• Legal Framework: Para 15 of the Symbols Order, 1968, empowers the ECI to adjudicate disputes arising from splits within political parties.
• Test of Majority: The ECI conducts a test of majority, considering all available facts and circumstances, to determine the legitimate faction.
• Binding Decision: The decision of the ECI is binding on all rival sections or groups emerged after the split, applicable to recognized national and state parties.

Historical Precedents

• Pre-1968 Era: Before the Symbols Order, 1968, the ECI addressed disputes through notifications and executive orders under the Conduct of Election Rules, 1961.
• High-profile Cases: Notable cases include the split of the Communist Party of India (CPI) in 1964 and the first split in the Indian National Congress in 1969.

Options for Resolution

• Symbol Freeze: The ECI may freeze the symbol to prevent either faction from using it until a final decision is reached, a process that typically involves lengthy hearings.
• Legal Proceedings: Parties may resort to legal recourse if internal resolution or EC intervention fails to resolve the dispute.

Alternate Resolution Mechanisms

• Majority Test: EC primarily relies on testing the support within the party organization, particularly among elected MPs and MLAs, to determine faction legitimacy.
• Registration as Separate Party: Splinter groups not recognized by the parent party may register themselves as separate entities and seek national or state party status based on electoral performance post-registration.

Conclusion

• The recognition of political factions by the Election Commission underscores the complexities of symbol allotment and intra-party disputes.
• As the EC navigates these challenges, ensuring procedural fairness and upholding democratic principles remain paramount in fostering trust and integrity in the electoral process.