Allahabad High Court Issues Notice To Election Commission In Plea Challenging Use Of Election Symbols Post Elections

A Division Bench comprising of Chief Justice Govind Mathur and Justice Piyush Agrawal has granted time to the counsel appearing on behalf of ECI to examine the entire issue involved and file a counter to the same.

A reserved election symbol is a symbol that is reserved for a recognized political party for "exclusive allotment to contesting candidates", under para 5 of the Symbols (Reservation and Allotment) Order, 1968.

The Petitioner had objected to use of such election symbols by the political parties, even after elections. He had submitted that election symbol is required to be allotted to a contesting candidate to be used only and only for the election purpose and not otherwise.

The submission of the Petitioner was that if political parties are permitted to use election symbols perpetually, for purposes other than elections, then that would be highly unjust and discriminatory, as the candidates, who are not affiliated with recognized parties, would not be having to propagate their election symbols perpetually.

"Under the Representation of People Act as well as under the Order of 1968, the concept of election symbols is applicable only for the purpose of elections and such symbols cannot be used as a logo of any political party. The life of election symbols, even reserved symbol with a contesting candidate - may that be of a recognized political party, is only for a specific election and the same symbol can be allotted to a contesting candidate of other recognized political party or to a contesting candidate (independent) in other elections," the Petitioner's counsel argued.

He submitted that under Order 16-A of the Order of 1968, the ECI is empowered to suspend or withdraw recognition of a recognized political party for its failure to observe the Model Code of Conduct or further to direct to follow lawful directions and instructions of the Commission.

In this backdrop, it was urged that necessary directions be issued to the Commission for freezing the reserved election symbol and further, to the recognized political parties for not misusing the symbols reserved.

It was asserted that in most of the democratic countries, the concept of election symbols has already been withdrawn on attaining higher levels of literacy, but in the Indian democratic set up, there is no intention of Government to withdraw the election symbols and to go for elections by showing names of the candidates in the applicable script.

Taking note of these submissions, the Court fixed the case for hearing on January 12, 2021. Liberty was granted to implead nationalized political parties that may be concerned with the case.

Related News:

Last year, the Lucknow Bench of the High Court had sought responses from all national parties to a petition challenging the use of "reserved election symbols" by political parties as their party logos.

Allahabad HC Asks National Political Parties To File Reply In Plea Challenging Use Of Election Symbols Post Elections

In that case, it was argued that as per Rule 5 of Conduct of Elections Rules, 1961, allotment of symbol to "contesting candidates" is only for participation in elections; such a symbol canot be permanently used by political parties as their party logo.

Case Title: Kali Shankar v. Election Commission of India & Anr.

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