SADIQ ALI AND ANR. ETC. versus ELECTION COMMISSION OF INDIA AND OTHERS ETC.

Citation: [1972] 2 S.C.R. 318 · Decided: 11-11-1971 · Supreme Court of India · Bench: K.S. HEGDE · Disposal: Dismissed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

318 
SADIQ AJ;,I AND. ANIJ, ETC. 
v. 
ELECTION COMMISSION OF INDIA AND OTHERS ETC. 
November 11, 1971 
[K. S. ijEGDE, A. N. GROVER AND H. R. KHANNA, JJ.] 
SyinboTs (Resetvation and Allotment) Ord_er, 
1968-Paragraph 15-
Party splitting itself into two groups-Each group 
claiming symbol-
Powers of Eleftion Commission in inquiry under para. 15-Test of majo-
rity mrd numerical strength-Relevancy-Binding nature of decislon oJ 
Election Commission-Para 15 not ultra vites the powers of the Com-
mission. 
The Indian National Congress, a recognised national party under the 
C 
Election Symbols (Reservation and Allotment) Order, 1%8 had as its 
symbol ''Two Bullocks with Yoke on" for the purpose of elections. The 
Congress is a voluntary associatiop with its own Constitution. In 1969, 
following differences over the choice of the 
congress nominee for the 
office of the President of India, the Congress split itself into tl;o groups-
congress 'O' and1 congress 'J'. On January 15. 
1970 " communication 
was addressed by the Election Commission to the Secretary of congress 'J' 
D 
as well as that of congress '0' stating that "a dispute appears to have 
arisen as to which ·of the two groups is the recognised political party 
known as the Indian National Congr~ss" far the purpos, of the Election 
Symbols Order and that the commission was required to take a decisioa 
in the matter in terms of para 15 read with para 18 of the. Order. Both 
the groups presented their claim before the Commission. The Commis-
sion framed and settled the following four points for consideration : 
(I) Has the Election Commission jurisdiction within the meaning 
E 
of paragraph 15 of the Election Symbol (Reservetion & Allot-
ment) Order 1968, to decide whether any one or none of the 
rival section or groups 
of the Indian National Congres.s, 
"natiorial party", i.s the said Indian National Congress? 
( 2) Has the Election Commission, for the purpose of undertaking 
the inquiry to come to a decision as aforesaid. been satisfied 
on information in its possession that there are tWo rival section 
F 
or groups of the said Indian Na!ional Congress each claiming 
to ~ that Congress ? 
(3) What is the nature of an election symbol under the Election 
Symbols (Reservation and Allotment) Order. 1968 and whe-
ther an election symbol, whelher reserved or free, is property ? 
( 4) Whether on the facts and circumstances available to the Elec-
tion Commission, any of the alleged rival sections of the said 
G 
Indian National Congress is that Congress for the purpose of 
the Election Symbols (Reservation and Allotment) Order 1968; 
if so: which is that rival section, or whether on the facts and 
circumstances referred to above. noDc of the rival sections of 
the .i;aid Indian National Congress is that Congress ? 
The contention that the Working Committee or the President of Cong-
~ess 'O', who ~as the President of the Indian National Congress at the 
H 
time of the spht, were the only authorities to give a binding decision was 
repelled bv the Commission.· The Commission -held that the very existence 
of a conftict was enough to create jurisdiction to find ou: and decide, on 
' 
A 
' 
B 
c 
D 
E 
F 
G 
H 
SADIQ, ALI V. ELECTION COMMISSION 
319 
the facts and circumstances established, whether the conflict was genuine 
and whether the claim and allegations of the applicants were valid. 
On 
point 2 the Commission observed that it was satisfied on the information 
available in its possession that there were two rival sections of the Indian 
National Congress, each claiming to be that congress. 
Regarding point 3 
the finding of the Commission was that the Election Symbol was not pro-
perty. As .regards point No. 4, the CommissioILObserved that the majo-
rity test \Vas a valuable and relevant test in '!.l. democratic organisation. The 
test based upon the provisions of the Constitution of the Congress, canvass-
ed on ;;"holi of the Congress 'O', was held to be hardly of any assistance 
in view .of the removals from membership '1nd expulsions from the 
committees of the Congress of the members 
belonging to one group 
by those belonging to the opposite group. 
The Commission then consi-
dered anothe.r. test, namely, that based upon the aims 
and objects 
as 
incorporated in the Constitution of the Congress. It was observed 
that 
none of the two groups had challenged in any manner or openly repu-
diated those aims and objects. 
The test 
based upon the aims 
and 
objects was

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