The story so far: Nationalist Congress Party (NCP) founder Sharad Pawar has filed a plea in the Supreme Court, seeking a direction to restrain the Ajit Pawar faction from using the ‘clock’ symbol in the upcoming assembly polls in Maharashtra.
How are symbols allotted?
Symbols are allotted to political parties as per the provisions of the Symbols Order by the Election Commission of India (ECI). In the largest democracy where a sizeable population is still illiterate, symbols play a crucial role in canvassing and voting process. A national or State recognised political party has a reserved symbol that is not allotted to any other candidate in any constituency.
What is the present issue?
The NCP at present is a State recognised party in Maharashtra and Nagaland. In July 2023, there was a split in the NCP with the Ajit Pawar faction claiming the support of 41 MLAs out of 53 in the Maharashtra assembly. The ECI in February 2024 recognised Ajit Pawar faction as the real NCP and allotted to it the ‘clock’ symbol reserved for NCP during the Lok Sabha elections in April-May 2024. The NCP (Sharadchandra Pawar) [NCP(SP)] was allotted a common symbol of ‘man blowing turha.’ The present plea claims that during the Lok Sabha election, voters were confused as to which faction represented the real NCP. The NCP (SP) therefore has sought a direction to freeze the ‘clock’ symbol and allot a new symbol to Ajit Pawar faction.
What are past instances?
As per the Symbols Order, in case of split in a recognised political party, the ECI decides as to which faction or group is the recognised political party. It allots the reserved symbol to such faction. However, the ECI has also frozen symbols in the past before determining the dispute. The ‘two leaves’ symbol of the AIADMK party in Tamil Nadu was frozen in January 1989 and April 2017 due to competing claims. The ‘bow and arrow’ symbol of Shiv Sena was also frozen before a bye-election in October 2022.
What can be the way forward?
The Supreme Court in Sadiq Ali versus the ECI (1971), laid down the 3-test formula for determining which faction is to be recognised as the original political party. These are the aims and objectives of the party; its affairs as per the party’s constitution that reflect inner party democracy; and majority in the legislative and organisation wings.
The ECI in its order in February 2024 held that there was no dispute between the two factions on the first test and that neither of the factions followed the party’s constitution rendering the second test redundant. Since the organisational election of NCP in the year 2022 was shrouded with doubt, it went on to decide the issue solely based on majority in the legislature as a majority of legislators supported the Ajit Pawar faction.
However, in the Maharashtra Lok Sabha elections, the NCP (SP) faction despite fighting with its new symbol won eight seats as against just one seat won by the NCP led by Ajit Pawar that fought on its traditional ‘clock’ symbol. The Supreme Court generally does not interfere in the poll process as it is the domain of the ECI. Nevertheless, in exceptional circumstances, it has given directions to the ECI for ensuring a fair election process. In the instant case, because of the performance of the NCP (SP) in the recent Lok Sabha election, the third test of legislative majority can again be disputed. The decision of the ECI to recognise the Ajit Pawar faction as the real NCP has also been challenged in the SC by NCP(SP). Considering these factors, the court may direct the ECI to freeze the ‘clock’ symbol for the assembly elections to be held in November 2024. The real reform required is institutionalising internal democracy through regular inner-party elections in our political parties. Various experts are of the view that the ECI should not be involved in monitoring these elections as it will drag a constitutional authority into the muddle of party politics. It is the members of various political parties as responsible citizenry who need to demand and operationalise such internal democracy.
Rangarajan R is a former IAS officer and author of ‘Polity Simplified’. Views expressed are personal.
Published - October 14, 2024 08:30 am IST
