OPS cannot use ‘Two Leaves’ symbol and flag of AIADMK

• The Madras High Court restrained expelled AIADMK leader from using the party’s flag, ‘Two Leaves’ symbol and official letterhead.

Election Symbols

• The Election Symbols (Reservation and Allotment) Order, 1968 empowers the Election Commission to recognise political parties and allot symbols.
• The EC is the only authority to decide issues on a dispute or a merger under the order.
  • The Supreme Court (SC) upheld its validity in Sadiq Ali and another vs. ECI in 1971.
• It applies to disputes in recognised national and state parties.
• For splits in registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.
• 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 factions.
• Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
• The splinter group of the party - other than the group that got the party symbol - had to register itself as a separate party.

Prelims Takeaway

• The Election Symbols (Reservation and Allotment) Order, 1968