DESIYA MURPOKKU DRAVIDA KAZHAGAM & ANR. versus THE ELECTION COMMISSION OF INDIA

DESIYA MURPOKKU DRAVIDA KAZHAGAM & ANR. versus THE ELECTION COMMISSION OF INDIA

Per majority: The Election Commission's criteria for recognition of political parties for symbol allocation are not arbitrary or unreasonable. They represent a balanced benchmark and align with constitutional powers and prior Supreme Court decisions. Writ petitions challenging the constitutional validity of the amendments to the Election Symbols Order, 1968 are dismissed.

Parties
Petitioner: Desiya Murpokku Dravida Kazhagam; Respondent: Election Commission of India
Jurisdiction
India
Judgment Date
18 April 2012
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions dismissed; majority upheld constitutional validity of the amendments; minority (Chelameswar, J.) dissented holding denial of symbol violates Article 14.
Legal Topics
Recognition of Political Parties, Constitutional Validity of Election Symbols Order, Reservation/allocation of Election Symbols, Right to Contest Elections, Article 14 – Equality Before Law
Constitutional Law Election Law Recognition of Political Parties Constitutional Validity of Election Symbols Order Reservation/allocation of Election Symbols Right to Contest Elections Article 14 – Equality Before Law

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Parties

Desiya Murpokku Dravida Kazhagam

Petitioner

Election Commission of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the 2000 amendment to the Election Symbols (Reservation and Allotment) Order, 1968 is constitutionally valid
  2. 2 Whether the criteria for recognition of State political parties (6% valid votes and 2 legislative assembly members) is arbitrary/unreasonable
  3. 3 Whether denial of a common election symbol to unrecognized parties violates constitutional rights

Ratio Decidendi

Per majority: The Election Commission's criteria for recognition of political parties for symbol allocation are not arbitrary or unreasonable. They represent a balanced benchmark and align with constitutional powers and prior Supreme Court decisions. Writ petitions challenging the constitutional validity of the amendments to the Election Symbols Order, 1968 are dismissed.

Court Disposition

Petitions dismissed; majority upheld constitutional validity of the amendments; minority (Chelameswar, J.) dissented holding denial of symbol violates Article 14.

Orders

  • Writ Petitions dismissed.