The ECI's power to allot symbols under paragraph 15 of the Symbols Order is independent of its power to register political parties under Section 29A of the Representation of the People Act, 1951, and the Tenth Schedule of the Constitution of India.

JUDGMENT :

SHAJI P. CHALY, J.

The captioned appeals are preferred by the petitioners in the writ petition challenging the common judgment of the learned single Judge in W.P.(C) Nos. 18556 and 18638 of 2020, whereby the learned single Judge upheld the order of the Election Commission of India passed in favour of Kerala Congress (Mani), a political party, by a majority of 2:1, granting the symbol 'two leaves', in favour of the group led by Sri. Jose K Mani after finding that there was a split in the Kerala Congress (Mani) resulting in the formation of the two rival groups i.e., one led by Sri. Jose K. Mani and the others led by Sri. P. J. Joseph, each claiming to be that party, invoking the powers conferred under paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 ('Symbols Order, 1968' for brevity).

2. It was, thus, challenging the legality and correctness of the order passed by the Election Commission of India that the writ petitions were filed by Sri. P.J. Joseph as well as one Sri. Kuriakose P.C alleged to be a State Committee member.

3. The learned single Judge, on assimilation of the factual and legal circumstances, found that the order passed by the Election Commission of India, had taken into account the legal, and factual circumstances available on record, and did follow the principles of law laid down by the Apex Court in its judgments in Sadiq Ali and another v. the Election Commission of India, New Delhi and others [AIR 1972 SC 187], All Party Hill Leaders’ Conference, Shillong v. Captain W.A. Sangma and others [(1977) 4 SCC 161], A.C. Jose v. Sivan Pillai and others [(1984) 2 SCC 656], Kanhiya Lal Omar v. R.K. Trivedi and others [AIR 1986 SC 111], Subramanian Swamy v. Election Commission of India [(2008) 14 SCC 318] and others specifically referred to, and hence held as follows:

“34. The prime grounds on which the petitioners in the writ petitions seek relief are that (1) consequent to deletion of Paragraph 3 from the Xth Schedule to the Constitution of India and after the insertion of Part IV-A in the Representation of the People Act, 1951 especially Section 29-A therein, Paragraph 15 of the Symbols Order has become redundant; (2) that the Election Commission is exercising only a peripheral jurisdiction in the matter of recognition and allocation of symbols and when the prime pillars of the dispute are outside the jurisdictional authority of the Election Commission, the Commission ought not have ventured to decide on allocation of symbol; and (3) that even assuming that the Election Commission has jurisdiction to entertain petition for allocation of symbol, the facts of the case available and relied on in the petition filed by the 2nd respondent, do not disclose any material for the Election Commission to entertain the petition.

35. Article 324 of the Constitution of India provides for establishment of an Election Commission for superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of all elections to the Parliament and Legislatures of the States. Article 327 empowers the Parliament to make laws for all matters relating to or in connection with elections. With the plenary powers available to it under Article 324, the Election Commission has framed the Symbols Order in 1968.

Originally, the Symbols Order provided for registration of political parties, recognition of political parties and allocation of symbols to the candidates contesting in elections. Paragraph 15 of the Symbols Order reads as follows:-

“15. Power of Commission in relation to splinter groups or rival sections of a recognised political party -When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognised political party each of whom claims to be that party the Commission may, after taking into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other person