ECI decision on Party names and symbols.

February 20, 2023

ECI decision on party name and party symbol for Shiv Sena in Maharashtra has become an issue.
Article 324 read with Election Symbols (Reservation and Allotment) Order, 1968 empowers ECI to recognise political parties and allot symbols.
- Under the Order, ECI can decide disputes among rival groups or sections of a recognised political party staking claim to its name and symbol.
In Sadiq Ali Case (1971), Supreme Court upheld ECI’s authority to decide issues on a dispute or a merger and prescribed 3 tests to arrive at a decision:
- Test of Aims and Objectives of the Party Constitution.
- Test of party constitution
- Test of Majority
In line with Sec 29A of Representation of the People Act, 1951 and Election Symbols Order, 1968, ECI recognizes a Political Party and allocates symbol to it.
- Recognised National Parties: These parties are allocated with a symbol, which can be used across the country in all elections. No other parties can use them.
- Recognised State Parties: These parties are allocated with an exclusive symbol within the state.
- Independent Candidates: They can choose 3 Symbols in order of their preference (other than national and state party’s symbol).