The Aryavarth Express
Agency(New Delhi): On Friday, the Supreme Court called upon the Election Commission for a detailed response to a challenge lodged by Naam Tamilar Katchi (NTK), an unrecognized political party from Tamil Nadu, against the procedure of distributing free election symbols on a first-come-first-served basis. The judicial bench, led by Chief Justice D Y Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, extended a notice to another unrecognized party that had previously been awarded the election symbol desired by NTK.
The backdrop of this legal challenge is the Tamil Nadu High Court’s March 1 decision, which upheld the Election Commission’s method of symbol allocation, dismissing NTK’s petition as baseless. The court found no merit in the assertion that the Election Symbols Order, facilitating such allocations, was arbitrary or against the constitution. On the contrary, it emphasized that diverging from this policy would undermine the purpose of offering free symbols altogether.
NTK’s grievance was specifically about losing the ‘ganna kisan’ (sugarcane farmer) symbol to a rival entity in the regions of Tamil Nadu and Puducherry for the forthcoming Lok Sabha elections. This development prompted the Supreme Court to announce that the appeal would be considered post-Holi vacation.
The central legal question involves the constitutional validity of Paragraph 10B (B) of the Election Symbols Order, which sanctions the distribution of free symbols on a first-come-first-served basis. NTK argues for a more equitable approach, suggesting that all applications received within a designated timeframe should be treated equally, advocating for the ‘ganna kisan’ symbol’s assignment to them based on their history of using it in six previous elections since 2019.
The High Court, in its ruling, posited that accommodating NTK’s request would essentially convert a ‘free symbol’ into a ‘reserved symbol,’ which would contradict the principle of ensuring free and common symbols for unrecognized political parties. It highlighted that the successful application for the ‘ganna kisan’ symbol was submitted promptly on the opening date, which was publicly announced well in advance, indicating NTK was fully aware of the process but failed to act timely.
This case sheds light on the complexities and disputes surrounding the allocation of election symbols in India, underscoring the balance between fairness and procedural efficiency in the democratic process.
