Election symbol disputes after party splits may be resolved by majority strength under the Symbols Order.

Where a recognised political party splits into rival groups each claiming the same reserved symbol, the Election Commission may decide which group is entitled to it by examining all relevant facts under paragraph 15 of the Symbols Order. That power was treated as consistent with Article 324 and the election scheme, and not as an unconstitutional excess or invalid delegation. On the facts, the majority and numerical strength test was held to be a valid measure of support, and the group with substantial majority backing was treated as entitled to the reserved symbol. The reserved symbol was also regarded as an election right, not divisible property.

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Issues: (i) Whether the Election Commission had jurisdiction under paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968 to decide which of the rival groups constituted the recognised political party for symbol allotment; (ii) whether paragraph 15 was ultra vires the powers of the Commission and the Constitution; (iii) whether, on the facts, the Commission was justified in applying the majority and numerical strength test and holding Congress 'J' to be the party entitled to the reserved symbol.

Issue (i): Whether the Election Commission had jurisdiction under paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968 to decide which of the rival groups constituted the recognised political party for symbol allotment.

Analysis: Paragraph 15 empowers the Commission, when satisfied that rival sections or groups of a recognised political party each claim to be that party, to decide after considering all available facts and hearing the parties. The scheme of the Symbols Order, read with the Commission's role under Article 324 of the Constitution of India and the election rules, was held to include authority to resolve such symbol disputes so that the allotment machinery is not defeated by an internal split.

Conclusion: The Commission had jurisdiction to decide the dispute under paragraph 15.

Issue (ii): Whether paragraph 15 was ultra vires the powers of the Commission and the Constitution.

Analysis: The Symbols Order operates within the framework of Article 324 of the Constitution of India and the Conduct of Elections Rules, 1961. The Commission's power to issue directions for symbol allotment would be ineffective if it could not resolve competing claims by rival groups to the same reserved symbol. Paragraph 15 was held to be an ancillary and enabling provision intended to effectuate the purposes of the election scheme, and not an unlawful delegation or excess of power. Article 327 did not displace the Commission's constitutional authority under Article 324.

Conclusion: Paragraph 15 was not ultra vires.

Issue (iii): Whether, on the facts, the Commission was justified in applying the majority and numerical strength test and holding Congress 'J' to be the party entitled to the reserved symbol.

Analysis: The Court accepted that in a democratic political organisation numerical strength is a relevant and valuable test. The Commission had properly considered the strength of the rival groups in Parliament, State Legislatures, the AICC and the delegates, and the material did not show any error in treating Congress 'J' as having substantial majority support. Paragraph 13 was held to concern individual candidates and not rival party groups, while the symbol was treated as a legal right for election purposes and not as divisible property.

Conclusion: The Commission correctly applied the majority test and rightly held Congress 'J' entitled to the reserved symbol.

Final Conclusion: The appeals failed on every ground, and the Commission's decision allotting the reserved symbol to Congress 'J' was sustained.

Ratio Decidendi: Where a recognised political party splits into rival groups each claiming to be that party for election-symbol purposes, the Election Commission may resolve the dispute under the Symbols Order by considering all relevant facts and may treat the group with substantial majority and numerical strength as the party entitled to the reserved symbol; such a provision is a valid incident of the Commission's constitutional election powers.

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