1971 (11) TMI 166 - SC - Indian Laws

Summary

Issues Involved:

1. Jurisdiction of the Election Commission under Paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968.
2. Satisfaction of the Election Commission regarding the existence of rival sections of the Indian National Congress.
3. Nature of an election symbol and whether it constitutes property.
4. Determination of which rival section of the Indian National Congress is the recognized party for the purposes of the Symbols Order.

Issue-wise Detailed Analysis:

1. Jurisdiction of the Election Commission under Paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968:

The Commission held that it had jurisdiction to decide the matter under Paragraph 15 of the Symbols Order. The contention that the Working Committee or the President of Congress 'O' were the only authorities to give a binding decision in the dispute was repelled. The Commission stated, "If, therefore, there are facts in the present case which show a total and entire cleavage in the Indian National Congress from top to bottom, and that the rivalry between the two groups has almost assumed the form of enmity, then relying upon a few provisions of the Constitution and the rules of the party it cannot, in my view, be validly contended that the Election Commission has no jurisdiction."

2. Satisfaction of the Election Commission regarding the existence of rival sections of the Indian National Congress:

The Commission observed that it was satisfied on the information available in its possession that there were two rival sections of the Indian National Congress, each claiming to be that Congress.

3. Nature of an election symbol and whether it constitutes property:

The Commission found that the election symbol was not property. The purpose of symbols was to ensure that illiterate voters could identify the candidate of their choice. The Commission stated, "Symbols or emblems are not a peculiar feature of the election law of India... The object is to ensure that the process of election is as genuine and fair as possible."

4. Determination of which rival section of the Indian National Congress is the recognized party for the purposes of the Symbols Order:

The Commission applied the test of majority to determine which group was the recognized party. It found that Congress 'J' had the majority out of the total number of members returned on Congress tickets to the Houses of Parliament as well as the majority out of the sum total of the members of all the Legislatures. The Commission concluded that Congress 'J' enjoyed majority in the All India Congress Committee as well as amongst the delegates of the undivided Congress. The decision was given that for the purpose of Paragraph 15 of the Symbols Order, Congress 'J' was the Congress for which the symbol "Two Bullocks with Yoke On" had been reserved.

Additional Considerations:

The Commission's decision was based on the view that in a democratic organization, the test of majority and numerical strength was a very valuable and relevant test. The Commission also considered the organizational structure and the support within the legislative and organizational wings of the Congress. The court upheld the Commission's approach, stating, "In view of the figures, it can hardly be disputed that substantial majority of the members of the Congress in both its legislative wing as well as the organizational wing supported the Congress 'J'."

Vires of Paragraph 15 of the Symbols Order:

The Madras High Court's decision, which was appealed, held that Paragraph 15 was not ultra vires. The Symbols Order made detailed provisions for the reservation, choice, and allotment of symbols and the recognition of political parties. The Commission was vested with plenary powers in the matter of allotment of symbols. The court found no substance in the contention that Paragraph 15 was ultra vires the powers of the Commission.

Conclusion:

All four appeals were dismissed without costs. The court upheld the Election Commission's decision that Congress 'J' was the recognized Indian National Congress for the purposes of the Symbols Order and entitled to the symbol "Two Bullocks with Yoke On."