The Election Commission of India (EC) on Monday informed the Bombay High Court that Bahujan Vikas Aghadi (BVA) would be allotted the ‘whistle’ symbol for the upcoming Maharashtra Assembly election.

• Initially, the symbol was assigned to Janata Dal (United) for the Lok Sabha and State Assembly elections, but JD(U) decided not to contest in Maharashtra and surrendered it. 
• After BVA filed a petition, the Bombay High Court’s division bench confirmed BVA’s request for the symbol, leading to the petition’s disposal.

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Allotment of Election Symbols

• Responsible Authority: The Election Commission of India (ECI) is responsible for the allotment of symbols to political parties and candidates.
• Governing Law: The symbol allotment process is governed by The Election Symbols (Reservation and Allotment) Order, 1968. This order defines, reserves, and assigns symbols for political parties to ensure consistency and clarity in elections.
• Purpose: The Symbols Order aims to:
  • Assign exclusive symbols to recognized national and state parties.
  • Provide a distinct identity for candidates on ballot papers.
• Publication in Gazette: The ECI publishes an official list of parties along with their respective symbols in the Gazette of India to formalize the allotment

Classification of Symbols

• Reserved Symbols: Allocated exclusively to recognized national and state political parties.
• Free Symbols: Available to unrecognized registered parties and independent candidates. These symbols are not exclusive and can be reused by other unrecognized candidates.

Symbol Allocation to Different Party Types

• Recognized Parties: Exclusive symbols are allotted to recognized national and state political parties, ensuring consistent representation in every election.
• Unrecognized Registered Parties: Candidates from unrecognized registered parties may choose from a pool of free symbols that are not exclusive.
  • According to Rule 10B of the Symbols Order, unrecognized parties can use the same common free symbol for two consecutive general elections.

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In Case of Symbol Disputes

• In cases where there is a split within a recognized party, the Symbols Order of 1968 empowers the ECI to resolve disputes over symbol claims. 
  • The ECI’s decision is binding on all rival factions.
• Decision Criteria (Sadiq Ali v. ECI, 1971): The ECI applies the following tests, as established by the 1971 Supreme Court judgment in Sadiq Ali v. Election Commission of India, to decide which faction is entitled to the symbol.
  • Test of Aims and Objectives: Determines which faction aligns more closely with the original aims and objectives of the party’s constitution.
  • Test of Party Constitution: Considers the organizational structure and adherence to the party’s constitutional framework.
  • Test of Majority: Evaluates the factional support by assessing the majority within the party’s central organizational structure.
• These tests ensure that symbol allocation remains fair and consistent, reflecting the democratic principles underlying party representation.