Case Note & Summary
This appeal before the Supreme Court of India questioned the validity of an order dated 21.2.1992 passed by the Chief Election Commissioner of India withdrawing the recognition of Janata Dal (Samajwadi) as a national political party under paragraphs 6 and 7 of the Election Symbols (Reservation and Allotment) Order, 1968. The appellant was recognized as a national political party on 16.4.1991 after fulfilling the prescribed conditions. Subsequently, general elections to the Lok Sabha and to the Legislative Assemblies of Assam, Haryana, Kerala, Tamil Nadu, Uttar Pradesh, West Bengal and the Union Territory of Pondicherry were held in April-June 1991. Based on the appellant's electoral performance in these elections, the Election Commission issued a show cause notice dated 4.12.1991 asking why recognition should not be withdrawn. The appellant sought time and filed reply on 5.2.1992, contending that once recognition is granted there is no provision for withdrawal and that performance should be judged only after elections in all states, not some. The Election Commission, however, held that recognition is not perpetual and that a party must demonstrate minimum electoral support for continued recognition under paragraphs 6 and 7 of the Symbols Order. Consequently, the Commission withdrew recognition and forfeited the party's exclusive right to use the symbol 'Woman carrying pot on her head'. The legal issues revolved around the interpretation of paragraphs 6 and 7: whether the Commission has power to derecognize a national party based on subsequent election results; whether recognition once granted is perpetual; and whether a review of recognition requires elections in all states. The text provided does not include the Supreme Court's final decision, but the dispute centered on the scope of the Commission's power under the Election Symbols Order and the criteria for national party status under the Representation of the People Act, 1951 and the Symbols Order. The Court was required to examine the statutory framework, including the definition of political party under Section 29A, registration requirements, classification of recognized political parties, and the conditions for national and state party status. The procedural history shows that after the show cause notice and reply, the impugned order was passed, leading to the present appeal.
Headnote
A) Election Law - National Party Recognition - Derecognition - Election Symbols (Reservation and Allotment) Order, 1968, Paras 6 & 7 - Appellant recognized as national party on 16.4.1991; after general elections in some states, Election Commission issued show cause notice and withdrew recognition on 21.2.1992 for failure to maintain minimum electoral support; held by Commission that recognition is not perpetual and party must satisfy conditions for continued recognition (Paras 1-7). B) Election Law - Interpretation of 'General Election' for Recognition - Election Symbols (Reservation and Allotment) Order, 1968, Paras 6 & 7 - Appellant contended that performance should be judged when elections held in all states, not only some states; Commission's order based on election results in states where elections were held; legal question whether partial state elections suffice for reviewing national party status (Paras 1-7). C) Constitutional Law - Powers of Election Commission - Representation of the People Act, 1951, Section 29A; Election Symbols Order, Paras 6 & 7 - Appellant argued no provision for withdrawal after recognition; Commission asserted power under Paras 6 and 7; issue of whether power includes derecognition upon subsequent performance (Paras 1-7).
Issue of Consideration
Whether Election Commission has power under Paragraphs 6 and 7 of Election Symbols (Reservation and Allotment) Order, 1968 to withdraw recognition of a political party as a national party based on subsequent electoral performance; whether recognition once granted is perpetual; whether performance must be assessed on elections in all states or only states where elections were held
Final Decision
Not mentioned in provided text; the extracted portion ends before the Supreme Court's final holding. The Election Commission's impugned order withdrew recognition and forfeited the symbol, but the Supreme Court's outcome is not stated in the extract.
Law Points
- Classification of political parties under Paras 6 and 7 of Election Symbols (Reservation and Allotment) Order
- 1968
- registered political party under Section 29A of Representation of the People Act
- 1951
- national party status requires recognition in four or more states
- recognition not perpetual
- minimum electoral support required for continued recognition
