Allahabad HC Dismisses PIL Against ECI's Order Granting 'National Party' Status To BJP, Congress, Allotting Symbols To Them

The Allahabad High Court on Thursday dismissed a Public Interest Litigation (PIL) plea which sought quashing of the order of recognition given to Bharatiya Janata Party (BJP) and Indian National Congress (INC) as National Parties by the Election Commissions of India (ECI) and further, allotting symbols to them.

Essentially, the Bench of Justice Devendra Kumar Upadhyay and Justice Saroj Yadav was hearing a PIL filed by the petitioner, Sheshmani Nath Tripathi (leader of Samajwadi Party) challenging the 1989 order by the ECI recognizing BJP and INC as a National Party and reserving "Lotus" and "Hand" symbols for them.

It was the primary contention of the petitioner that the letters of registration (of the political parties, namely BJP and Congress) dated 19th September, 1989 and 23rd September, 1989 were issued by the Election Commission in the exercise of its power vested in it under section 29A of the Act, however, it was argued that the said provision does not empower the ECI either to declare a political party as a National Party or to reserve its election symbol, therefore the said letters of registration are bad in law, it was argued.

In other words, the PIL contended that Section 29-A of the Act does not, in its ambit encompass the powers of recognizing a political party as a National Party or a State Party or to reserve the Election Symbol for such a political party.

Court's observations

The Court, at the outset, observed that though the petition had been filed in "public interest", however, from the pleadings available on record, it can very well be inferred that the petitioner had attempted to espouse a personal cause as well since he belongs to a political party, Samajwadi Party.

"Thus a cause on behalf of the Samajwadi Party has also been attempted to be pleaded in this writ petition," the Court observed.

The Court further observed that the writ petition also suffered from non-joinder of necessary parties as though it had been prayed in the writ petition that the order of the ECI may be quashed and struck down, however, the Court noted, the political parties, which are likely to be affected in case the prayer made in this petition is granted, have not been impleaded as respondents.

Regarding the primary contention of the Petitioner, challenging the powers of the ECI, the Court was of the opinion that section 29A or any other provision contained in Part IVA of the Act, 1951 does not empower the Election Commission either to recognize a political party or to reserve the election symbols.

However, the Court did underscore that as far as recognition of political parties as a National Party or a State Party is concerned, the Allotment Order, 1968 contains provisions empowering the Election Commission to do so.

Therefore, holding the petition as misconceived, the bench further observed thus:

"When we examine the impugned paragraphs 3 of the letters of registration dated 19th September, 1989 and 23rd September, 1989, what we find is that the same owes its existence not to section 29A of the Act but to the provisions contained in the Second Amendment Order, 1989 issued on 11.08.1989 by the Election Commission...It appears that the said paragraphs 3 has been understood by the petitioner as if the same has been issued by the Election Commission in exercise of its power vested in section 29A of the Act and is thus referable to the said provision. The provisions of the Second Amendment Order, 1989 have completely been overlooked by the petitioner."

Further, regarding the argument of the Petitioner that in the absence of any statutory powers vested in the Election Commission of India in the field covered by the Act, the power to recognize a political party and to reserve the election symbol could not have been exercised by the Election Commission, the Court concluded thus:

"The recognition of a political party as a National Party or a State Party and reservation of election symbol are the functions which are exercised by the Election Commission under the provisions of Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time."

Lastly, holding that the argument of the petitioner that the Election Commission does not have any authority to recognize a political party or to reserve an election symbol has no substance, the Court dismissed the PIL.

Case title - Sheshmani Nath Tripathi v. E.C.I.Thru. Chief Election Commissioner,New Delhi & Anr
Case Citation: 2022 LiveLaw (AB) 3

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