Election Symbol Disputes and ECI

Context

A political party in Maharashtra has approached the Election Commission of India (ECI), requesting it to hear its side before deciding claims to the party’s bow-arrow symbol.

EC’s powers in Election Symbol Dispute

• The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
• It states that the ECI may take into account all the available facts and circumstances and undertake a test of majority.
• The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
• This applies to disputes in recognised national and state parties.
• For splits in registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.
  
  

What was the first case decided under Para 15 of the 1968 Order?

• It was the first split in the Indian National Congress in 1969.
• Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

Options for ECI

• The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
• EC hearings are long and detailed, and may take at least six months.

Significance of Party Symbol

• The symbol of a party is one of extreme relevance to political survival. 
• For many Indian voters who do not read, the symbol is their association with the party when they exercise their franchise. 
• Hence, the importance is given to the symbol of the party.