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It has, in fact, probably even enlarged the scope of EC’s powers and purview under Sadiq Ali order of 1972.
It has held that the Speaker and the ECI are empowered to ‘concurrently adjudicate’ on the petitions before them for disqualification under the Tenth Schedule and for party symbol ownership under Paragraph 15 of the Symbols Order respectively as the latter’s proceedings cannot be held back for ‘an indefinite period of time’.
The Uddhav Thakeray faction had sought that when proceedings under Paragraph 15 of the Symbols Order and the Tenth Schedule arise concurrently, proceedings on disqualification under the latter must be adjudicated before the dispute is determined by the ECI under Paragraph 15 of the Symbols Order.
It argued that a symbol should be allotted only after “the final adjudication of the Tenth Schedule proceedings” and sought that the apex court should lay down a ‘constitutional sequence’ for the proceedings when both the Tenth Schedule and the symbols order are simultaneously at play.
The SC has rejected the contention saying that proceedings before one constitutional authority cannot be halted in anticipation of the decision of another constitutional authority.
EC CANNOT INDEFINITELY STAY PROCEEDINGS
The apex court has said that any such halting due to pending disqualification petitions would in effect amount to ‘indefinitely staying the proceedings’ of ECI which is a constitutionally entrenched institution entrusted with the function of superintendence of and control over the electoral process.
It pointed out that the Speaker’s order attains finality only after all avenues for appeal have been exhausted or are barred by the passage of time.
“The time that it would take for an order of the Speaker to attain finality is uncertain…The ECI, which is a constitutional authority, cannot be prevented from performing its constitutional duties for an indefinite period.,” the SC has said.
It observed that in case of the party symbol disputes, it is the standard practice for the ECI to freeze the symbol reserved for that political party and allot interim symbols to the rival groups.
However, if the reserved symbol is frozen for ‘an inordinately long time’ and the interim symbols must be resorted to for every by-election and election, it may ‘end the association between the reserved symbol and the political party in the minds of the electorate’, the court has said.
“This will no doubt be a blow to the political party which is lawfully entitled to the symbol reserved for its use. Therefore, the ECI must render a decision as to which group constitutes that political party”, the court has held.
TEST OF SYMBOL WORTHINESS
The apex court has also expanded on the scope of the EC deciding party symbol disputes.
It has said that the ECI can decide ‘best suited’ test for assessing symbol rights.
The Thackeray faction had raised questions over the ECI decision to grant the ‘bow and arrow’ symbol to the Shinde faction mainly on grounds of their legislative numerical strength.
The poll panel had considered the test of party constitution as well but observed how the 2018 version cited by the Thackeray faction was never brought on record before it.
It had set aside the party ‘aims and objectives’ adherence test in this case.
The SC has also today said that it is not appropriate to confine the ECI to the ‘singular test of legislative majority’ and raised doubts about the ‘aims and objectives’ test turning out to be an ‘entirely subjective exercise’.
“It would not be appropriate for the ECI to accord its stamp of approval to the routes or methods chosen by one group over those chosen by another group. This would amount to entering the political arena”, the apex court has said holding that ECI must remain a ‘neutral body and refrain from passing a subjective judgement’ on the approaches preferred by the rival factions.
ROAD AHEAD
The SC observations will go on to have considerable impact on all future party symbol rows on both ‘tests’ used by the poll panel and the timeline it follows vis a vis disqualification pleas.
One party symbol dispute is already pending before the ECI and for a while now –– the Lok Jantantrik Party (LJP)’s symbol caught between two factions –– Chirag Paswan’s and Pashupati Paras’.
Another could soon land at Nirvachan Sadan from Jammu & Kashmir –– the brewing dispute in the J&K Panther party after the death of founder Bhim Singh in May 2022.
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