Election symbols cannot be done away with, ECI tells HC

The Election Commission of India (ECI) on Monday advised the Madras High Court that the apply of allotting election symbols cannot be done away with, although the literacy price of the nation has elevated considerably for the reason that first basic elections had been held in 1952 and now most voters are able to studying the names of the candidates in addition to the political events within the fray.

The ECI stated: “When it comes to the question of an inclusive voting process, the usage of symbols to identify candidates becomes irreplaceable and even if a very small minority continues to be illiterate in the country, the requirement of symbols cannot be done away with… Even for those who are literate, the symbols constitute an easy way of identifying their preferred candidates.”

The submissions had been made in response to a case filed by Tamizhaga Murpokku Makkal Katchi, via its counsel K. Sakthivel, difficult the validity of some provisions of the Election Symbols (Reservation and Allotment) Order, 1968. The petitioner had contended that allotment of reserved symbols to recognised political events alone was in opposition to the precept of making certain a level- enjoying discipline.

Denying the cost, the fee, in its counter affidavit filed earlier than Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, stated it might not be doable to order election symbols for all registered political events as a consequence of varied sensible components and limitations. Therefore, the fee had laid down sure benchmarks to recognise political events which take pleasure in higher public assist.

Recognised political events acquire such a standing based mostly on the proportion of votes garnered by them and the variety of seats that they win. Even these events must carry out properly persistently to retain such a standing failing which they might lose each recognition and the reserved image, the fee stated. It added that if a celebration loses an emblem, such image may be claimed by one other get together after assembly the factors.

“The building of goodwill for a party or for a symbol due to good work is not antithetical to democracy and does not affect the freedom of voting in any way,” the counter affidavit learn. On the petitioner’s competition that ruling events spend public cash on selling their symbols, the fee stated, such cost, if proved, may result in critical penalties to the extent of withdrawal of image.

The ECI, additional termed as “far-fetched” the petitioner’s declare that the glorification of reserved symbols by the recognised events amounted to indulging in corrupt practices. “The submission of the petitioner that the allotment of reserved symbols leads to discrimination between the recognised parties and others, by giving the former an advantage, is misplaced,” the fee claimed.

After taking the counter affidavit filed via ECI counsel Niranjan Rajagopalan on file, the court docket adjourned the matter by three weeks for the petitioner’s counsel to file his rejoinder.