Consider the following statements regarding dispute over Election Symb...
- What is an Election Symbol? o An electoral or election symbol is a standardized symbol allocated to a political party. They are used by the parties during their campaigning and are shown on Electronic Voting Machines (EVMs), where the voter chooses the symbol and votes for the associated party.
- What are the EC’s powers in such Disputes?
- The Election Symbols (Reservation and Allotment) Order, 1968 empowers the EC to recognize political parties and allot symbols. Hence statement 1 is not correct. 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.
- On deputes among rival groups, the Symbols Order, states that the EC is empowered to take decision after considering all the available facts and circumstances of the case that one rival section or group or none of such rival sections or groups is that recognized political party. The decision of the Commission shall be binding on all such rival sections/groups. This applies to disputes between recognized national and state parties. For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court. Hence statement 2 is correct.
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Consider the following statements regarding dispute over Election Symb...
Statement 1: The Representation of the People Act, 1951 empowers the Election Commission of India (ECI) to recognize political parties and allot symbols.
The Representation of the People Act, 1951 is an important legislation that governs elections in India. Section 29A of this Act empowers the Election Commission of India (ECI) to recognize political parties. The ECI is responsible for granting recognition to political parties and allotting symbols to them. The recognition of political parties is an important aspect as it grants them certain privileges and benefits, such as access to election symbols and certain financial benefits. Therefore, statement 1 is correct.
Statement 2: The decision of the ECI shall be binding on all rival groups except in case of registered but unrecognized parties.
The decision of the ECI regarding the recognition of political parties and allotment of symbols is binding on all rival groups. This means that once the ECI recognizes a political party and allots a symbol to it, other rival groups cannot use the same symbol during elections. However, there is an exception to this rule in the case of registered but unrecognized parties. These parties may have registered with the ECI but have not been granted recognition. In such cases, the decision of the ECI regarding symbols may not be binding on them. This means that these parties may be able to use symbols that are already allotted to recognized parties. Therefore, statement 2 is also correct.
Conclusion:
Both statements 1 and 2 are correct. The Representation of the People Act, 1951 empowers the ECI to recognize political parties and allot symbols, and the decision of the ECI regarding symbols is binding on all rival groups except in the case of registered but unrecognized parties.