The recent controversies about disputes over Election symbol in case a party splits in Samajwadi Party and AIDMK party has thrown light on Election Commission powers and roles in such cases.

Under what authority does the EC decide such disputes?

The Election Symbols (Reservation and Allotment) Order, 1968 empowers the EC to recognise political parties and allot symbols. Under Paragraph 15 of the Order, it can decide disputes among rival groups or sections of a recognised political party staking claim to its name and symbol.

What is the legal status of Paragraph 15?

Under Paragraph 15, the EC is the only authority to decide issues on a dispute or a merger. The Supreme Court upheld its validity in Sadiq Ali and another vs. ECI in 1971.

What aspects does the EC consider before recognising one group as the official party?

The ECI primarily ascertains the support enjoyed by a claimant within a political party in its organisational wing and in its legislative wing.

How does the ECI establish a claim of majority in these wings?

The Commission examines the party’s constitution and its list of office-bearers submitted when the party was united. It identifies the apex committee(s) in the organisation and finds out how many office-bearers, members or delegates support the rival claimants. For the legislative wing, the party goes by the number of MPs and MLAs in the rival camps. It may consider affidavits filed by these members to ascertain where they stand.

What ruling will the EC give after a definite finding?

The ECI may decide the dispute in favour of one faction by holding that it commands enough support in its organisational and legislative wings to be entitled to the name and symbol of the recognised party. It may permit the other group to register itself as a separate political party.

What happens when there is no certainty about the majority of either faction?

Where the party is either vertically divided or it is not possible to say with certainty which group has a majority, the EC may freeze the party’s symbol and allow the groups to register themselves with new names or add prefixes or suffixes to the party’s existing names.

Can a dispute be decided immediately, if elections are round the corner?

The EC may take time to gather enough material to decide the question. For immediate electoral purposes, it may freeze the party’s symbol and advise the groups to fight the elections in different names and on temporary symbols.

What happens when rival factions settle their differences in future?

If reunited, the claimants may approach the EC again and seek to be recognised as a unified party. The EC is also empowered to recognise mergers of groups into one entity. It may restore the symbol and name of the original party.

Powers of EC (Para 15 of the SYMBOLS ORDER, 1968) 

• PRELIMINARY CHECKS:-EC would hear to all the available facts and circumstances of the case, and decide if both factions have enough support to carry forward the proceedings; if not enough support is present it would dismiss the plea
• TEST OF FACTION SUPPORT-BASE :-Check on which faction enjoys greater support, and either recognize one faction and award right to use symbol to them or none of them gets recognized
• BINDING RECOMMENDATION :-decision of the EC shall be binding on all rival sections/groups with respect to recognised national and state parties, while it in case of registered but unrecognised parties, it advises them to resolve their differences amicably or approach the court
• FREEZE THE PARTY SYMBOL IN INTERIM:- in case polls are close and provide ad hoc recognition to the two factions under names similar to the parent party
  Eg ICN (I) and INC (U) during Congress’s 2nd split in 1979, BJP and JP after Janata party split in 1980

COURT CASES AND CONTROVERSIES

• CPI SPLIT :-Prior to 1968 order, EC based its decisions on Conduct of Election Rules, 1961 
  Fall out of Soviet Union and China in 1960s created ideological differences, and faction CPI(M) got recognized as ‘National Party’ by EC as it secured more than 4% in the three states (WB,AP, Kerala)
• INC SPLIT :-Fallout between ‘Syndicate’ and ‘Indira’ faction in 1969 led to expelling of Indira Gandhi, and old symbol was given old party by EC, while Indira had to contest with new symbol (Use of Para 15, SO- 1968)
• EC WAS FACED WITH DILEMMAin some situation where there was no such defined rule
  Eg AIDMK Split,1987 – After death of MGR, his wife enjoyed support of majority of MP/MLA while Jayalalitha enjoyed support of majority of party workers and leaders, however agreement was reached before EC decision
• 1997 RULE :-Separated group has to register itself as separate party first, and would then be accorded national or state party based on its performance in election after registration (Support of current MP/MLA base not sufficient)

Conclusion:-

Constitution has given enough power to EC in current scenario to deal with such kinds of situations. The transparency in functioning of the body is of high nature, only need is to fasten the above process, (as EC takes more than 6 months to decide on such cases) to avoid building of unnecessary tension in the poll-bound region