The story so far: The most keenly watched new entrant in Tamil Nadu politics is film actor C. Joseph Vijay’s (popularly known as Vijay) Tamilaga Vettri Kazhagam (TVK). The party has been registered with the Election Commission of India (ECI) under Section 29A of the Representation of the People (RoP) Act, 1951, and the application identifies Mr. Vijay as the party’s president and Anand alias Munusamy as its general secretary, besides other office-bearers. The TVK has decided to conduct its first State conference near Vikravandi in Villupuram district of Tamil Nadu on October 27, 2024, with the aim of entering the electoral fray in the 2026 Assembly elections. The actor’s fans-turned-political supporters are now eager to know what the party’s new election symbol would be and whether it would get a common symbol or completely new one. What does the law say about the matter? We explain.
What is the difference between a registered and recognised political party?
Any association or a body of individual citizens of the country, wanting to call itself a political party and intending to avail the benefits under the RoP Act of 1951, should necessarily make an application to the ECI seeking registration. The application must be filed within 30 days of the formation of the political party and clearly mention its name, the list of office-bearers, the numerical strength of its members, and other details.
The application, on the party’s letter head, must also be accompanied by a copy of the memorandum of rules and regulations of the political party, and those rules should contain a specific provision that the party would bear true faith and allegiance to the Constitution of India and to the principles of socialism, secularism, and democracy, and would uphold the sovereignty, unity, and integrity of the country.
The party’s rules and regulations must also specify the powers and functions of the office-bearers, and the decision-making power conferred on them must reflect democratic spirit without any veto power. The party’s constitution must also fix the office-bearers’ term, for a period not exceeding five years, and insist on the conduct of periodic intra-party elections. The rules related to the maintenance of discipline by the members and the mode of dispute resolution must also be provided in the regulations.
Further, the rules and regulations must specify how the party funds would be utilised for political activities and the mode of maintenance of accounts. Submission of audited accounts before the ECI, within six months after the end of every financial year, should also be made mandatory under the party’s constitution.
Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992, also requires the application to be submitted along with individual affidavits from at least 100 members of the party to the effect that they are registered electors and not members of any other political party. The party’s president or general secretary must also file a similar affidavit asserting that none of its members hold dual membership.
Accordingly, the TVK had submitted its application along with the requisite annexures with the ECI on February 2, 2024, and issued a notification in a newspaper on May 11 calling for public objections, if any, for its registration by June 11. On September 8, Mr. Vijay made a public announcement of the party having been registered with the ECI.
The registration makes the TVK entitled for allotment of a common symbol, subject to certain conditions, but it could become a recognised party, entitled for a reserved symbol in the subsequent elections, if it manages to secure not less than 6% of the total valid votes to be polled in the 2026 Assembly elections and, in addition, returns at least two of its members to the Legislative Assembly.
Alternatively, the party would be entitled for recognition if it wins at least 3% (seven seats) of the total number of seats (234) in the Legislative Assembly, irrespective of the percentage of votes garnered by it.
How is the common election symbol allotted?
The Election Symbols (Reservation and Allotment) Order, 1968, governs issues related to the allotment of symbols to political parties. Provision 10B of the 1968 order entitles a Registered but Unrecognised Political Party (RUPP) to allotment of a common symbol in a general election to a Legislative Assembly, subject to certain conditions.
As per the conditions, the TVK must set up candidates in at least 5% (12 seats) of the 234 Assembly constituencies in Tamil Nadu in order to be eligible for allotment of a common symbol. Further, the application for allotment of a common symbol must be made six months prior to the date of the expiry of the term of the Assembly. Since the current 16th Legislative Assembly had commenced its first session on May 11, 2021, its five-year tenure would expire on May 10, 2026. And since the allotment of a common symbol is done on a first-come-first serve basis, the crucial date from when the TVK could approach the ECI for such allotment would be on or after November 11, 2025.
While submitting the application, the party should list the names of 10 symbols, in descending order of preference, from the list of free symbols notified by the EC. However, if it so desires, the TVK could also propose three new symbols of its choice with the names and clear design and drawings of those symbols, in the order of preference. The new symbols proposed by the party should neither have resemblance to the existing reserved/free symbols nor have any religious or communal connotations. The new symbols should also not depict any bird or animal.
Though the application for the allotment of a common symbol from among the free symbols could be submitted till five days prior to the issuance of the election notification, the application for the allotment of a completely new symbol must necessarily be filed at least three months before the expiry of the term of the Assembly, so that the ECI could examine it in detail before accepting or rejecting the request.
The list of free symbols notified by the ECI include a camera, microphone, and so on, but it has to be seen whether the TVK would choose any of them or prefer to opt for a completely new symbol.
Published – October 26, 2024 08:00 am IST
