Case Note & Summary
The Supreme Court addressed the challenges posed by eleven Writ Petitions and three Special Leave Petitions concerning the Election Symbols (Reservation and Allotment) Order, 1968. The lead case was filed by Desiya Murpokku Dravida Kazhagam (DMDK), a registered unrecognized political party, contesting the provisions that govern the recognition of political parties and the allotment of election symbols. The court noted that the Election Commission of India is empowered under Article 324 of the Constitution to oversee elections, including the preparation of electoral rolls. The petitioners argued that despite their significant performance in the 2006 Assembly Elections, where DMDK secured approximately 8.33% of the votes, their request for recognition as a State Party was denied based on the stringent criteria set forth in the Election Symbols Order. The court examined the provisions of Paragraph 6A, which stipulates conditions for recognition, and expressed concerns about their arbitrary nature, particularly the requirement for parties to win a certain number of seats in addition to securing a minimum percentage of votes. The court also considered the implications of making interim arrangements for symbol allotment, ultimately deciding against such measures, citing the potential disruption to the electoral process and the existing legal framework. The court clarified that while it would not implement interim arrangements, it would not prevent the Election Commission from considering representations for common symbols from political parties. The matter was scheduled for final disposal on 3rd May 2011.
Headnote
A) Constitutional Law - Election Commission Powers - Superintendence of Elections - Article 324 of the Constitution of India - The Election Commission is vested with the superintendence, direction, and control of elections, including the preparation of electoral rolls. The court emphasized the importance of this provision in ensuring free and fair elections (Paras 2-2). B) Election Law - Political Party Recognition - Conditions for State Party Recognition - Election Symbols (Reservation and Allotment) Order, 1968, Paragraph 6A - The court examined the conditions under which a political party could be recognized as a State Party, highlighting the arbitrary nature of the provisions that require both vote percentage and seat wins for recognition (Paras 19-19). C) Election Law - Interim Arrangements - Allotment of Election Symbols - Election Symbols (Reservation and Allotment) Order, 1968 - The court declined to make interim arrangements for the allotment of common symbols to unrecognized parties, stating that such arrangements could undermine the existing legal framework and the objectives of the Election Symbols Order (Paras 28-29).
Issue of Consideration
Validity of provisions in the Election Symbols (Reservation and Allotment) Order, 1968 regarding political party recognition and symbol allotment
Final Decision
The court declined to make interim arrangements for the allotment of election symbols to unrecognized political parties, emphasizing the need to adhere to the provisions of the Election Symbols Order, 1968. The matter was scheduled for final disposal on 3rd May 2011.
Law Points
- Election Commission powers
- Political party recognition
- Election Symbols Order
- Interim arrangements
- Article 324 of the Constitution
- Representation of the People Act
- 1951
- Section 29A
