The Supreme Court of India has taken a significant step towards examining the Election Commission’s (EC) rule regarding the allotment of free symbols to unrecognised political parties on a first come, first served (FCFS) basis. This development arose from a plea filed by Naam Tamilar Katchi (NTK), a Tamil Nadu-based unrecognised political party, challenging the fairness and constitutionality of the EC’s allotment procedure.
During a hearing on Friday, a bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra sought a response from the Election Commission regarding NTK’s concerns. The court also issued a notice to another unrecognised political party that was granted the poll symbol previously held by NTK, adding another layer to the ongoing dispute over symbol allotments in the upcoming Lok Sabha elections.
The controversy gained traction after a previous ruling by the Madras High Court, which dismissed NTK’s petition on March 1. The High Court had rejected NTK’s claims that the Election Symbols Order, which allows for the allocation of free symbols on an FCFS basis, was arbitrary and unconstitutional. The court ruled that any opposing view would undermine the principle of providing free symbols, emphasizing the need for a fair process in allotting symbols to political parties.
At the heart of NTK’s grievances is the recent allotment of the ‘ganna kisan’ (sugarcane farmer) symbol to another political party in Tamil Nadu and Puducherry, which NTK argues jeopardizes its electoral identity and recognition. The symbol is crucial for political parties as it represents their identity during elections, and losing it can have significant implications for their visibility and voter recognition.
In light of these developments, the Chief Justice highlighted that the Supreme Court will review Paragraph 10B (B) of the Election Symbols Order, which outlines the guidelines for granting free symbols to parties and candidates on an FCFS basis. This scrutiny is pivotal as it will address whether the current rules are equitable and whether they infringe on the rights of unrecognised parties like NTK.
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The matter is set to be taken up for further hearing after the Holi vacation, with the Supreme Court indicating its intent to thoroughly evaluate the merits of NTK’s appeal. The implications of this ruling could extend beyond NTK, affecting numerous unrecognised parties that rely on fair symbol allotment for their electoral viability.
This case underscores a broader debate in India regarding the electoral process and the rights of unrecognised political parties. With the Lok Sabha elections approaching, the outcome of this legal scrutiny could shape the landscape of political competition in the country, particularly for smaller parties that struggle to gain recognition in a system dominated by larger, established political entities.
As political dynamics continue to evolve, the Supreme Court’s examination of the EC’s allotment procedures will be closely watched by political analysts, legal experts, and party leaders. The decision could set a precedent regarding the treatment of unrecognised political parties and their access to essential electoral symbols, ultimately influencing the course of democracy in India.
