Election Commission frozen the Shiv Sena’s symbol

Election Commission frozen the Shiv Sena’s symbol

Context:

• Recently  the Election Commission of India (ECI) froze the well known ‘bow and arrow’ election symbol of the Shiv Sena until the competing claims for recognition by the two rival factions is decided.
• This has been done to place both the group on same level for the purposes of the current bye-elections, 
• The two groups shall be allotted different symbols as they may choose from the list of free symbols.

Source of ECI  power with respect to symbol allotment:

• The Election Symbols (Reservation and Allotment) Order, 1968 empowers the Election Commission to recognise political parties and allot symbols.
• Under Paragraph 15 of the Order, it can decide disputes among rival groups or sections of a recognised political party staking claim to its name and symbol.
• As per the Election Symbols (Reservation and Allotment) (Amendment) Order, 2017,  there are two types of party symbols

1. Reserved:-Eight national parties and 64 state parties across the country have reserved symbols.
2. Free: The Election Commission also has a pool of nearly 200 free symbols that are allotted to the thousands of unrecognized regional parties that pop up before elections

How ECI Decides:

• When there is split in a political party outside the legislature, then by Para 15 of the Symbols Order, 1968, when the Commission is satisfied that there are rival sections or groups of a recognised political party each of whom claims to be that party, then the Commission may decide that one such rival section or group or none of such rival sections or groups is that recognised political party. The decision of the Commission shall be binding on all such rival sections or groups.
• For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.
• In 1997 a new rule was introduced by ECI under which the splinter group of the party other than the group that got the party symbol  had to register itself as a separate party, and could lay claim to national or state party status only on the basis of its performance in state or central elections after registration.

What used to happen before 1968:

• Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.

Facts:

• The first case decided under the 1968 Order was the Congress split of 1969.The party splitted into the Old Congress led by Nijalingappa and the New Congress led by Indira.

The Old Congress retained the party symbol of a pair of bullocks carrying a yoke; the breakaway faction was given the symbol of a cow with its calf.