Allotment Of Election Symbol: An important decision of the Election Commission of India has created a stir in the politics of Maharashtra. It has been decided that the Shinde faction will retain the official name Shiv Sena and the party’s election symbol ‘bow and arrow’. While the Uddhav Thackeray faction will have the interim name Shiv Sena UBT and the election symbol burning torch. Let us first of all tell you how election symbols are allotted to political parties and what are its rules.
The election symbol is allotted to any party by the Election Commission only. The Election Symbols (Reservation and Allotment) Order, 1968 empowers the Election Commission to allot election symbols to regional political parties. The Election Commission has more than a hundred free symbols under this order. These would not have been allotted to any party. These symbols are given when a party does not have any suggestion.
Regional party symbol can be given in another state
On the other hand, if the party itself suggests the commission for its election symbol, then that symbol is given to it. Provided that it has not been previously allotted to any party. The symbol of a regional party of one state can be allotted to another party in another state. Similarly, the Shiv Sena in Maharashtra and the Jharkhand Mukti Morcha in Jharkhand were allotted the same election symbol, bow and arrow.
How does the ECI decide who will get the symbol?
The Symbols Order, 1968 states that when the Commission is satisfied that there are classes or groups rivaling a recognized political party. Thereafter, the Commission hears the representatives keeping in view all available facts and circumstances of the case. It may then be concluded that such a rival class or group is not a recognized political party and the decision of the Commission shall be binding on all such rival classes or groups. Whereas, for splits in registered but unrecognized parties, the ECI usually advises rival factions to resolve their differences internally or approach the courts.
Apart from majority test, how else can the symbol dispute be resolved?
So far, in almost all such controversies, a clear majority of party representatives/office bearers, MPs and MLAs have supported one group. In the case of Shiv Sena, the majority of elected representatives of the party Eknath Shinde went to the side of the group led by Whenever the ECI could not test the strength of rival groups on the basis of support within the party organization, it considered testing the majority only among elected MPs and MLAs.
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