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Elections Symbol Order 1968: The Symbols Order 1968 is applicable in respect of recognized national or state level parties. At the same time, in respect of an unrecognized party, the commission advises to go to the court.
Shiv Sena Symbol: Political drama going on in Maharashtra (Political Dram in MaharashtraShiv Sena has split into two factions. One faction is led by party chief and Maharashtra Chief Minister Uddhav Thackeray (Uddhav ThackerayOn the other hand, the rebel leader Eknath Shinde has formed a separate faction. Different claims are being made about who has the support of how many MLAs. Uddhav is making all efforts to save the Mahavikas Aghadi government and NCP-Congress is with him for this. But in the midst of all the political turmoil, there is a possibility of a split in the Shiv Sena party. Some political analysts are agreeing the partition of Shiv Sena is fixed.
If there is a split in the party, it will not be a new phenomenon. Earlier, after the death of Ram Vilas Paswan, there has been a split in the Lok Janshakti Party. Even before that, Samajwadi Party and AIDMK have also split into two factions. When the party is divided, a big question is who will get the party’s election symbol. It has some rules and regulations.
It is reported that the Eknath Shinde faction is preparing to stake claim on the party’s election symbol. Eknath Shinde can stake his claim on the election symbol ‘arrow-bow’, showing the support of more and more MLAs. Although it is not as easy as it looks! There is a whole process for this, there are rules.. under which the decision on the symbol is taken. Let us understand the whole process.
roughly understand it
parliamentary affairs expert Siddharth Jha It is said that there are two situations of division in political parties. First, when the Legislative Assembly or Parliament is in session, the division among the legislators of a party is considered as party division. In such a situation the anti-defection law applies. In this situation, it is the Speaker of the Assembly to take the decision. That is, they have the right to take decisions.
The second situation is when the Parliament or the Legislative Assembly is not in session. In such a situation, the partition in any party will be considered as the partition outside the Parliament or the Legislative Assembly. As the current situation is visible in Maharashtra. In this situation, if any group claims on the party’s election symbol, then the Symbol Order 1968 applies to them. Through this, it is decided that after the break in the party, which group is the real party.
Understand broadly that the Election Commission takes a decision under the Symbols Order 1968 on the basis of claims and support and after listening to both the parties. If the commission considers it necessary, the party symbol can also be frozen. In such a situation, no camp is able to use the party symbol.
now understand in detail
In the event of two splits in the party outside the Parliament or the Legislative Assembly, the decision is taken under the Symbols Order 1968. According to Para 15 of the Symbol Order 1968, the Election Commission on the basis of its satisfaction decides on the name and symbol of the party. Keeping in mind the position of both the camps, their strength, the number of MLAs or MPs, the Election Commission takes a decision. During this, the Election Commission can take a decision keeping in mind all the available evidence.
- The commission can decide to give election symbols to any one camp.
- If the commission wants, it can freeze the symbol and decide not to give it to anyone.
- The decision of the Election Commission is applicable to both the camps, classes or groups and all are bound to abide by that decision.
These rules apply in respect of recognized national or state level parties. On the other hand, in respect of unrecognized party, the commission advises to approach the court for settlement of such dispute.
This happened before 1968
There was a high profile partition before the year 1968. This partition was done in CPI i.e. Communist Party of India. Then it used to be a strong and big party. In this, a faction approached the Commission in 1964 and urged to recognize itself as CPI(M) i.e. Communist Party of India (Marxist). This group had also given a list of MPs and MLAs from Andhra Pradesh, Kerala and West Bengal who were in their camp.
Then the Election Commission used to issue executive orders and notifications under the 1961 rule. The commission found that votes in favor of the split group were more than 4 per cent in three states. Therefore, the commission recognized this faction as CPI(M).
When there was two sacks in Congress and Indira was fired
The year was 1969. Indira Gandhi’s tension with a faction in the Congress came to the fore. On May 3, 1969, when the news of the death of the then President Dr. Zakir Hussain came, there was an old faction under the leadership of K. Kamaraj, Neelam Sanjiva Reddy, S. Nijalingappa and Atulya Ghosh. At the same time, the then Prime Minister Indira Gandhi asked Vice President VV Giri to contest the election as an independent candidate. He called upon party MPs and MLAs to vote at their discretion, defying the whip issued by party president Nijalingappa. VV Giri won and Indira was then expelled from the Congress.
The Congress, then the oldest party in the country, split into the old Congress (O) led by Nijalingappa and the new Congress (J) led by Indira. The old Congress retained the symbol of a pair of bullocks, while the new faction was given the symbol of a cow with a calf.
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