Maharashtra political crisis: Who can stake claim on party symbol?
India Today
As the political crisis deepens in Maharashtra, the question arises as to who will claim the party symbol.
With the political crisis deepening in Maharashtra, the question arises as to who will claim the party symbol.
India today talked to legal expert to understand under what circumstances the Election Commission can give or take the symbol from a political party.
In case of any dispute, the Election Commission first sees the support each faction enjoys both within the party’s organisation and its legislature wing. Then it identifies the top committees and decision-making bodies within the political party and proceeds to know how many of its members or office-bearers back which faction. It then counts the number of lawmakers and legislators in each camp.
Former secretary general of Lok Sabha PDT Achary told India Today that, "The election commission has to decide which faction is the real party and after hearing both the parties in detail and evidence submitted before it before deciding on the allocation of the symbol."
The Election Commission can find in favour of one of the factions after determining the support for it in organisation and legislative wings. It can allow the other factor to register itself as a new political party with different symbols.
The Election Symbols (Reservation and Allotment) Order, 1968 deals with the poll body’s power to recognise parties and allot symbols. If the warring factions belong to a registered and recognised political party, paragraph 15 of the order says the EC can decide in favour of either faction or neither of them.
“When the Commission is satisfied that there are rival sections or groups of a recognised political party, each of whom claims to be that party, the Commission may, after taking into account all the available facts and circumstances of the case and hearing (their) representatives, and other persons as desired to be heard can decide that one such rival section, or group, or none of such rival sections or groups, is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups."
