Q. With reference to symbol disputes between political parties, consider the following statements;
1.The ECI usually conducts the test of majority to resolve a symbol dispute.
2.Splinter group of the party, other than the group that got the party symbol, can be declared as a state party based on their substantial presence in that particular state.
Which of the statements given above is/are correct?
Statement 1 is correct: The ECI usually conduct the test of majority to resolve a symbol dispute. In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the disputing factions.
Whenever the EC could not test the strength of rival groups based on support within the party organisation, it fell back on testing the majority only among elected MPs and MLAs.
Statement 2 is incorrect: Prior to 1997, the EC will assess the splinter group of the party — other than the group that got the party symbol. They will be considered as a recognised party, if they have a substantial presence in some states and satisfied the criteria fixed for recognition of parties under Paras 6 and 7 of the Symbols Order.
In 1997, the EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party, and could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.
Source: Indian Express