2012 (4) TMI 719 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of Paragraphs 6A(i) & (ii), 6B(A)(ii), 9(a) and (b), 10A, 11, 12(1)(c), and 12(3)(a) of the Election Symbols (Reservation and Allotment) Order, 1968.
2. Interim arrangement for allotment of election symbols to registered unrecognized political parties.
3. Recognition of political parties as State Parties.

Summary:

Issue 1: Validity of Specific Paragraphs of the Election Symbols Order, 1968
The common challenge in these eleven Writ Petitions and three Special Leave Petitions is to the provisions of Paragraph 6A(i) & (ii), Paragraph 6B(A)(ii), Paragraph 9(a) and (b), Paragraphs 10A, 11, 12(1)(c), and Paragraph 12(3)(a) of the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. The major challenge in these Special Leave Petitions and Writ Petitions is to the validity of this provision.

Issue 2: Interim Arrangement for Allotment of Election Symbols
Due to the election process being set into motion in the State of Tamil Nadu, the Court decided to focus on the possibility of making a temporary arrangement until the Writ Petitions and the Special Leave Petitions could be decided finally. However, the Court was not inclined to make any interim arrangement similar to that made on an earlier occasion due to the increased number of parties. The Court stated that this is only a tentative view and does not affect the final outcome of the pending petitions. The Election Commission may consider any representation made by the political parties for a common symbol, to the extent practically possible.

Issue 3: Recognition of Political Parties as State Parties
Mr. Venugopal, representing the petitioner, argued that despite the reasonable performance of the DMDK Party in the State Assembly elections, its prayer for recognition as a State Party had been denied by the Election Commission of India in view of Paragraph 6B of the Election Symbols Order, 1968. The Court noted that Paragraphs 6A and 6B set out conditions for the recognition of a registered unrecognized party as a National Party and a State Party, and Paragraph 6C deals with conditions for continued recognition as a National or State Party. The Court observed that the Election Symbols Order, 1968, aimed to minimize the number of parties contesting an election to avoid fragmentation of seats leading to uncertainty in the House.

Conclusion:
The Court decided not to make any interim arrangement regarding the allotment of election symbols for the forthcoming General Assembly Elections but allowed the Election Commission to consider representations from political parties for a common symbol. The matter was listed for final disposal on 3rd May, 2011.