The Election Commission (EC) barred the Shiv Sena factions led by Uddhav Thackeray and Eknath Shinde from using the party name and its election symbol (bow and arrow) in the Andheri (East) Assembly bypoll.

In an interim order over the claims by the rival factions for control of the organisation, the EC asked them to suggest three different name choices and also as many free symbols for allocation to their respective groups.

The Shiv Sena faction led by Uddhav Thackeray has submitted three symbols — a trident, burning torch, and rising Sun — to the Election Commission and as many alternative names for the party to finalise one of them in view of the November 3 Andheri (East) bypoll.

Why did EC take this action?

• The rival factions had approached the Commission after the split in the Shiv Sena ranks in June, claiming to be the “real Shiv Sena”.

• The Commission had earlier asked the rival groups to submit documentary proof on legislative and organisational support by August 8 to back their claims. 

• The deadline was extended to October 7 after the request of the Thackeray faction. On October 4, the Shinde faction had moved the Election Commission seeking the allocation of the bow and arrow poll symbol in view of the Andheri East Assembly by-election.

• The Thackeray faction had submitted its response to the claim and had sought four more weeks to carefully understand the documentation submitted by the rival faction.

• The Commission said the interim order was necessary to address the statutory spaces generated by the schedule of bye-elections notified on October 3.

• Accordingly, in order to place both the rival groups on an even keel and to protect their rights and interests, and going by precedence, the Commission said neither of the two groups be permitted to use the name of the party Shiv Sena.

• The EC said the interim order will continue and till the final determination of the dispute.

How Election Commission decides on party symbol disputes?

• The EC is usually guided by Paragraph-15 of Symbols (Reservation and Allotment) Order, 1968 and the 1972 Supreme Court order in Sadiq Ali vs Election Commission. 

• The Symbols Order has been issued by the Commission in exercise of the powers conferred by Article 324 of the Constitution read with Rule 5 and 10 of the Conduct of Election Rules.

Paragraph 15 deals with power of Commission in relation to splinter groups of rival sections of a recognised political party. It states that:

When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognised political party each of whom claims to be that party, the Commission may, after taking into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard, decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups.

Sadiq Ali and another vs Election Commission case

• In the year 1969, there was split within the Indian National Congress giving rise to two groups, one led by Indira Gandhi, under the presidentship of Jagjivan Ram and the other group led by S. Nijalingappa. 

• After recording the evidence and hearing detailed submissions of both the groups, the Commission came to the conclusion that the group led by Jagjivan Ram enjoyed the majority support, both in the organisational and Legislature wings of the party, and, consequently, recognised that group as the Indian National Congress, by its order on January 11, 1971. 

• The rival group led by Nijalingappa felt aggrieved by the Election Commission’s order and filed the present appeal before the Supreme Court.

• The Supreme Court held that the test of majority or numerical strength applied by the Commission for determining the dispute was a relevant and valuable test, and rightly applied by the Commission. 

• The Supreme Court also held that paragraph 15 of the Symbols Order was not ultra vires the powers of the Election Commission under Article 324 of the Constitution. Further, the Court held that an election symbol is not property of the party concerned. 

How is a political party recognised?

• Any Indian citizen who is more than 25 years old and is registered as a voter can contest elections even without forming a party.

• Similarly, associations can also contest elections without getting registered by the Election Commission. They, however, will not be identified as political parties and hence will not be eligible for availing of benefits under the provisions of the Representation of the People Act, 1951.

• There are many benefits of registering a party. Firstly, the RPA allows political parties to accept contributions voluntarily offered to it by any person or company other than a government company.

• Apart from this, candidates of registered parties get preference in allotment of election symbols. Other candidates are identified as independents and do not get preference in symbol allocation.

• Registered political parties, in course of time, can get recognition as state party or national party subject to the fulfilment of the conditions prescribed by the EC in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time.

Conditions for recognition as a state party

A political party shall be treated as a recognised political party in a state if it fulfils any of the following conditions:

i) The party has to win 3 per cent of seats in the legislative Assembly of the state in the General Election.

ii) The party has to win one Lok sabha seat for every 25 Lok Sabha seats allotted for the state in the General Election.

iii) The party has to secure a minimum of 6 per cent of votes in a state and in addition it has won one Lok Sabha or two Legislative Assembly seats in elections.

iv) The party has to secure 8 per cent of votes in a state in General Election to Lok Sabha or Legislative Assembly.

Conditions for recognition as a national party

A political party shall be treated as a national party if it fulfils any of the following conditions:

i) Secure at least 6 per cent of votes polled in four or more states in the Lok Sabha or Assembly elections, and, in addition, it has at least four members in the Lok Sabha.

ii) It also has to have at least 2 per cent of the total Lok Sabha seats and its candidates come from not less than three states.

iii) It is recognised as a state party in at least four states.

Both national and state parties have to fulfil these conditions for all subsequent Lok Sabha or state elections. Else, they lose their status.

Benefits of getting recognition

• If a party is recognised as a state party, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised, and if a party is recognised as a national party it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.

• Recognised state and national parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost at the time of revision of rolls and their candidates get one copy of electoral roll free of cost during General Elections.

• They get broadcast/telecast facilities over All India Radio / Doordarshan during General Elections.

• Political parties are entitled to nominate “star campaigners” during General Elections. A recognised national or state party can have a maximum of 40 “star campaigners” and a registered unrecognised party can nominate a maximum of 20 “star campaigners”. The travel expenses of “star campaigners” are not to be accounted for in the election expense accounts of candidates of their party.

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