Election symbol allotment regime: SC declined a common symbol interim arrangement for unrecognised political parties pending final hearing

Pending final adjudication, the SC declined to order allotment of a common election symbol to registered unrecognised political parties for the forthcoming elections. It held that a blanket interim arrangement would cut across the operative scheme under the Election Symbols (Reservation and Allotment) Order, 1968, framed with reference to Article 324, Section 29A of the Representation of the People Act, 1951, and the Conduct of Election Rules, 1961. The Court noted that reserved and free symbols are limited and that the proposed arrangement would be unworkable in the present circumstances. The existing symbol-allotment regime therefore remained undisturbed until final hearing.

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Issues: Whether, pending final adjudication, an interim arrangement could be made directing allotment of a common election symbol to registered unrecognised political parties for the forthcoming elections.

Analysis: The challenge arose against the amended scheme governing recognition of political parties and allotment of symbols under the Election Symbols (Reservation and Allotment) Order, 1968, framed in exercise of powers traceable to Article 324 of the Constitution of India read with Section 29A of the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961. The Court noted that the existing scheme limited the availability of reserved and free symbols and that a blanket interim direction for common symbols to a large number of parties would directly cut across the operative provisions of the Symbols Order. It further observed that the earlier interim arrangement had been made in materially different circumstances and that, in the present situation, the proposed arrangement would be unworkable and could undermine the object of the symbol-allotment regime.

Conclusion: No interim direction for allotment of a common symbol was granted in favour of the petitioners, and the existing symbol-allotment regime was left undisturbed pending final hearing.

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