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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Manish Choudhury, J.
Shyamal Rabha, S/O Rohini Kr Rabha and Ors. – Petitioners
Versus
The State of Assam, Rep By The Chief Secretary and Ors. – Respondents
WP(C)/1706/2025
Decided On : 28-03-2025
(A) Elections Symbols (Reservation & Allotment) Order, 1968 - Paragraph 10 - Political party symbol allocation - The petitioners, members of All India Trinamool Congress, were allowed to contest elections using the party symbol 'Flowers & Grass' despite being listed as independent candidates due to procedural discrepancies in their nomination papers. (Paras 3, 5, 10, 15)
(B) Election Commission's authority - The court emphasized that candidates nominated by a recognized party must be recognized as such for the symbol allocation to hold meaning. (Paras 11, 13)
Facts of the case:
The petitioners submitted nominations for the Rabha Hasong Autonomous Council Election, but their party affiliation was not reflected in their identity cards, leading to the writ petition.
Findings of Court:
The court ruled that the petitioners should be allowed to contest under their party's symbol and directed the Election Officer to issue identity cards accordingly.
Issues: The main issues were the recognition of candidates as party representatives and the implications of their independent status.
Ratio Decidendi: The court held that the Election Commission must honor the party's symbol allocation and ensure candidates are recognized as representatives of their party.
Result: Writ petition allowed.
ORDER :
Manish Choudhury, J.
Heard Mr. S.H. Sikdar, learned counsel for the petitioners; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1 & 4; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent nos. 2 & 3.
2. By a Notification dated 07.03.2025, the Assam State Election Commission [ASEC] notified the process of election to 36 [thirty-six] nos. of General Council Constituencies of the Rabha Hasong Autonomous Council to elect members of the Rabha Hasong Autonomous Council and accordingly, election schedule was also notified. As per the Notification, the last date for filing of nominations was 15.03.2025 and after scrutiny and withdrawal of nomination papers, the date for publication of list of contesting candidates was fixed on 19.03.2025.
3. The petitioners, 4 [four] in nos., have stated that they are members of the party, All India Trinamool Congress, which is recognised as a State party in the States of Meghalaya and West Bengal and their memberships are with All India Trinamool Congress, Assam Pradesh. The petitioners have been provided party tickets by All India Trinamool Congress, Assam Pradesh to contest the election to the Rabha Hasong Autonomous Council and accordingly, the petitioners submitted nomination papers for contesting the election to Rabha Hasong Autonomous Council Election - 2025 from different constituencies of Kamrup [Rural] District. On 12.03.2025, the President of All India Trinamool Congress, Assam Pradesh submitted an application before the Assam State Election Commission requesting allotment of the party symbol of All India Trinamool Congress, ‘Flowers & Grass’ for candidates who submitted nomination papers on behalf of All India Trinamool Congress, Assam Pradesh in the Rabha Hasong Autonomous Council Election - 2025. The Chief Election Commissioner, Assam State Election Commission after considering the application submitted on behalf of All India Trinamool Congress, Assam Pradesh has passed an Order on 12.03.2025 observing that the party symbol of All India Trinamool Congress, Assam Pradesh, ‘Flowers and Grass’ should be allotted to the candidates nominated by All India Trinamool Congress, Assam Pradesh as per Paragraph 10 of the Elections Symbol [Reservation & Allotment] Order, 1968 of the Election Commission of India.
4. For ready reference, the Order passed by the Election Commissioner, Assam State Election Commission on 12.03.2025 is reproduced hereinbelow :-
ASSAM STATE ELECTION COMMISSION
JURIPAR, PANJABARI, GUWAHATI - 781037.
Website : https://sec.assam.gov.in e-mail : sec-secretary@assam.gov.in
No. SEC.08/2025/21
Dated 12th March, 2025
Order
Perused the application submitted by All India Trinamool Congress – Assam Pradesh, dated 12.03.2025 requesting the State Election Commission to allocate them the symbol ‘Flowers & Grass’ for contesting in the upcoming Rabha Hasong Autonomous Council Election, 2025.
As per records dated 23.03.2024, the Election Commission of India (ECI) vide its Notification no. 56/25/2024/PPS-II[SP] has recognised All India Trinamool Congress as a state party in the states of Meghalaya and West Bengal with the symbol ‘Flowers & Grass’.
As per paragraph 10 of the Elections Symbols [Reservation & Allotment] Order, 1968 of ECI, as amended upto August, 2016 :
[10 Concession to candidates set up by a State Party at elections in other States or Union Territories : If a political party which is recognised as a State Party in some State or States, sets up a candidate at an election in a constituency in any other State or Union Territory in which it is not a recognised State party, then such candidate may, to the exclusion of all other candidates in the constituency, be allotted the symbol reserved for that party in the State or States in which it is a recognised State Party, notwithstanding that such symbol is not specified in the list of free symbols for such other State or Union Territory, on the fulfilment of
Candidates nominated by a recognized political party must be acknowledged as such for symbol allocation, ensuring the integrity of the electoral process.
Point of law: It is the political parties which sponsor candidates, that are in a position to incur large election expenses which often run into astronomical figures. We do not consider that preferri....
The Election Authority of UT of Ladakh has the competence to allocate election symbols, and the court's order did not contravene the Election Symbols Order of 1968.
Dismissal of writ for lack of evidence proving political party recognition and symbol allotment.
Unrecognized political parties cannot claim a common election symbol in municipal elections as they do not fulfill recognition criteria established under relevant electoral regulations.
The impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
Election Commission lacks authority to restrict party symbol allocation outside statutory provisions.
Candidates using a political party's symbol are deemed members of that party and bound by its directives, leading to disqualification for defection if they act contrary.
The court established that the Election Symbols Order is an order under the Representation of the People Act, and violations can be grounds for election petitions.
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