Supreme Court To Examine Validity Of ECI's 'First-Come-First-Serve' Rule To Allot Election Symbols To Unrecognised Parties

The Supreme Court on Friday issued notice in a SLP filed by the Tamil Nadu-based Political Party 'Naam Tamilar Katchi' challenging the 'first-come-first-served' criteria of allotting a free symbol to an unrecognized party under the Election Symbols Order, 1968. The plea further sought striking down the allotment of the “Ganna Kisan” free election symbol to another unrecognized political party for the upcoming Lok Sabha elections in the State of Tamil Nadu and Puducherry. Explanation- Allotment of common symbol under this paragraph shall be done on first-come-first-served‟ basis: Provided that if applications of two or more parties giving preference for the same symbol are received in the Commission on the same date, then the question of allotment of the symbol to one of such parties shall be decided by draw of lots in such manner as may be directed by the Commission: Provided further that if out of the two or more such parties giving preference for the same symbol whose applications are received on the same date, one party is such that it had been allotted the said symbol at the previous occasion in the State concerned and the other was not allotted that symbol in the previous election, then the symbol shall be allotted to the former: Provided also that if out of the two or more such parties giving preference for the same symbol whose applications are received on the same date, both or all such parties had been allotted the said symbol on the previous occasion in the State concerned, and one among the parties is such that it has Member elected to the House of the People or the Legislative Assembly of the State concerned on the symbol for which preference has been given by the party, then the symbol shall be allotted to that party to the exclusion of the other parties As per the impugned clauses, if applications of two or more parties giving preference for the same symbol are received in the Election Commission of India on the same date, the question of allotment of the symbol to one of such parties is to be decided by draw of lots. On March 5, the Delhi High Court bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora dismissed the plea, holding that admittedly, the application for allotment of the free symbol “Ganna Kisan” was filed by the other political party on December 17, 2023, at 10:01 A.M., whereas the petitioner party had filed it on January 09.