Desiya Murpokku Dravida Kazhagam And Another v. Election Commission Of India .

Factual and Procedural Background

The Supreme Court was seized of three matters concerning the forthcoming 2009 General Elections:

• WP (C) No. 532 of 2008 filed by a registered unrecognised political party predominantly operating in Tamil Nadu.
• WP (C) No. 132 of 2009 filed by another registered unrecognised political party mainly situated in Andhra Pradesh.
• SLP (C) Nos. 7379-80 of 2009 challenging an order of the Division Bench of the High Court of Andhra Pradesh.

The High Court had directed that all registered unrecognised parties be allotted a common “free” symbol for the impending elections. General Elections for both Lok Sabha and State Legislative Assembly seats were already notified in Andhra Pradesh, while only Lok Sabha elections were scheduled in Tamil Nadu.

Three unrecognised parties—Desiya Murpokku Dravida Kazhagam (DMDK), Praja Rajyam Party and Lok Satta Party—approached the Supreme Court through senior counsel seeking immediate allotment of a common electoral symbol for each party so they could field candidates across all constituencies in their respective States.

Legal Issues Presented

1. Whether the Election Commission can be compelled to allot a common electoral symbol to every registered unrecognised political party for the 2009 General Elections.
2. Whether, as an interim measure, the specific unrecognised parties DMDK, Praja Rajyam and Lok Satta are entitled to the particular free symbols of their choice for all their candidates.

Arguments of the Parties

Petitioners (DMDK, Praja Rajyam, Lok Satta)

• Each party intended to field candidates in all 292 Assembly and 42 Lok Sabha constituencies in Andhra Pradesh, in all 39 Lok Sabha constituencies in Tamil Nadu, and in one Lok Sabha seat in Puducherry (as applicable).
• They requested a single, identifiable symbol per party to enable voters to recognise their candidates statewide.
• Specific symbols sought:
  • DMDK – “Nagara” (Sl. No. 41 in the list of free symbols);
  • Praja Rajyam – “Railway Engine” (Sl. No. 43);
  • Lok Satta – “Whistle” (Sl. No. 59).

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court began by examining the Election Symbols (Reservation and Allotment) Order, 1968, which classifies political parties into national parties, State parties and registered unrecognised parties. While the first two categories enjoy reserved symbols, unrecognised parties must choose from “free symbols” governed by Para 12 of the 1968 Order.

Key points in the Court’s analysis:

• Partial Stay of High Court Order: The High Court’s blanket direction that all unrecognised parties receive a common symbol was stayed. The Court found such an across-the-board mandate untenable.
• Selective Interim Relief: Recognising the immediacy of the elections and the extensive candidate lists proposed, the Court allowed DMDK, Praja Rajyam and Lok Satta to obtain a common symbol each, subject to compliance with Para 12 of the 1968 Order—especially clause 12(3)(b), which safeguards the rights of sitting members who previously contested as independents.
• No Preferential Rights for the Future: The Court expressly stated that the present concession does not create equity or preferential treatment when the Election Commission later considers permanent symbol allotment.
• Procedural Compliance: Candidates of the three parties must submit the prescribed authorisation forms to link themselves to the party and the chosen symbol.

Overall, the Court balanced the urgency of the electoral timetable with statutory provisions, crafting a narrowly tailored interim solution.

Holding and Implications

HOLDING: The Supreme Court partially stayed the High Court’s order and directed the Election Commission to allot the requested free symbols—“Nagara” to DMDK, “Railway Engine” to Praja Rajyam and “Whistle” to Lok Satta—for the 2009 elections, subject to Para 12 conditions of the 1968 Order. Rule nisi was issued in WP (C) No. 532 / 2008, and notices were issued in WP (C) No. 132 / 2009 and SLP (C) Nos. 7379-80 / 2009.

Implications: The decision grants immediate electoral relief to three unrecognised parties but confines the benefit to the 2009 poll cycle. It does not establish a general right for all unrecognised parties to receive common symbols, nor does it bind the Election Commission in future symbol-allotment exercises.