Role of Election Commission :  deciding the symbol of Political Parties

Under Section 15 of the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission initiate the proceedings on symbol of political parties and they approaching with their claims. The Commission decides on the basis of “Rule of Majority” and “Numerical Strength”. The Commission examines the claims and counter claims of fractions to determine which one has the majority. This includes MPs, MLAs, MLCs on one hand and officer bearers of parties, on the other. The Supreme Court through its judgements has clarified the purpose of Section 15 that the symbol is not a party property to be divided between co-owners. The allotment of a symbol to candidates set up by a political party is a legal right. There have been numerous examples of political power shifts, with both sections eyeing for recognition as a legitimate party. The Indian National Congress case, which split in 1969 and resulted in a break down of two major parties, is the most significant example – Congress (O) and Congress (I), there have been many other instances too, the most recent case is of Shiva Sena, where two fractions were claiming the symbol and name of party as their legal right. [judiciary coaching in rajasthan] The Election Commission will consider strength of each group, in the party’s organization ,  applying the test of majority.