DISPUTES OVER POLITICAL PARTY ELECTION SYMBOL/PARTY PRESIDENT etc - SPLINTER GROUPS/AMALGAMATION

Para 15 of Election Symbols (Reservation and Allotment) Order, 1968 deals with the Splinter Groups. Where a party segregates itself in two groups and both groups claim itself to be the actual on and demands themselves as the recognition and symbol of the party, the Election Commission deals with Para 15 of the Election Symbols order, 1968.

The Commission looks over the;

  1. Organisational Wing
  2. Legislative Wing

Saurabh Bishwambhar, Managing Partner of Yugantar Legals has presented numerous parties for their disputes among each other in the Hon’ble Commission of India. It is made very clear that whosoever gains the majority support of Organisational and Legislative Wing which includes Member of Parliament (Lok Sabha/Rajya Sabha), Member of Legislative Assembly/Member of Legislative Council) shall be recognised as the original party and they would be gaining recognition for that party. Some of the example includes;-

  1. JANTA DAL UNITED (TUSSLE BETWEEN NITISH KUMAR AND SHARAD YADAV
  2. SAMAJWADI PARTY (TUSSLE BETWEEN MULAYAM SINGH YADAV GROUP AND AKHILESH YADAV GROUP)
  3. RASHTRIYA LOK SAMTA PARTY (TUSSLE BETWEEN UPENDRA KUSHWAHA AND LALAN PASWAN) and many others

Many a time it is seen that amalgamation between a group of political parties with other parties also strive fight for recognition. This is dealt under section 16 of Election Symbol (Reservation and Allotment) Order, 1968. Howsoever, junk part which is determined for recognition is that the group which backs maximum Organisational and Legislative support deserves the recognition in the eye of the Hon’ble Election Commission of India.

YUGANTAR LEGALS has a long track experience in dealing with cases of splinter group/amalgamation group etc.