The ECI issued the Symbols Order in 1968 in exercise of the powers conferred by Article 324 of the Constitution read with Section 29A of the Representation of the People Act 1951 and Rules 5 and 10 of the Conduct of Elections Rules 1961. The Symbols Order governs the reservation and allotment of symbols to candidates for the purpose of elections.

The preamble to the Symbols Order states that it is:

“An Order to provide for specification, reservation, choice and allotment of symbols at elections in Parliamentary and Assembly Constituencies, for the recognition of political parties in relation thereto and for matters connected therewith.”

Political parties are classified into recognised political parties and unrecognized political parties under the Symbols Order. Recognised political parties are further classified into National Parties and State Parties. The ECI recognizes political parties as National Parties or State Parties if they satisfy the requirements prescribed in the Symbols Order.

The ECI allots a symbol to every candidate who contests elections, in accordance with the Symbols Order. Some symbols are called “reserved symbols” because they are reserved for a recognised political party and are exclusively allotted to candidates set up by that party and the remaining symbols are called “free symbols.” The political party is granted recognition under the Symbols Order based on the total number of candidates returned to the Legislative Assembly or the total percentage of votes secured by the political party. Candidates set up by recognised political parties must contest elections by using the symbol that is reserved for their party, and no other symbol.

In contrast, candidates other than those who are set up by national or state political parties and who do not fall under certain special categories, may choose and will be allotted a free symbol. Reserved symbols are not allotted to candidates who are not set up by the political party for which that symbol has been reserved. From this, it is evident that the purpose of the Symbols Order is:

a. To provide a uniform procedure for the recognition of political parties; and

b. To provide a uniform and just system for the allotment of symbols for candidates to contest in elections.

The raison d’être for the Symbols Order is the fact that political parties (and ‘independent’ candidates) rely on the symbol allotted to them while campaigning to the electorate. To a significant extent, the electorate too, associates the symbol allotted to a party with the party itself and with the candidates set up for election by that party. The association between the party, the candidates set up for election by that party, and the symbol is strengthened with the passage of time. Thisassociation becomes significant in the polling booth when voters press the button on the Electronic Voting Machine to register their vote for a particular candidate because the symbol is depicted on or next to the button. The association is doubly significant for voters who have not had the opportunity to attain literacy and who rely solely on symbols to cast their vote.

In this way, symbols are crucial to the contest of elections. It is therefore not surprising that when rival factions of a political party emerge, both or all such factions vie for the symbol allotted to that party. The ECI is empowered to adjudicate disputes between rival sections or groups of a recognised political party, each of whom claims to be that party, under Paragraph 15 of the Symbols Order. When such a dispute arises, the ECI will decide if one of the rival sections or groups is that recognised political party.

In the alternative, it may decide that none of the rival groups is that recognised political party. The decision of the ECI is to be based on a consideration of all the available facts and circumstances as well as the representations advanced by the rival groups and other persons who desire to be heard.

Reference

Subhash Desai v. Principal Secretary, Governor of Maharashtra (2023)