Q. Consider the following statements:
1.The Election Symbols (Reservation and Allotment) Order, 1968, brought out by the Election Commission of India (ECI) makes a provision to deal with the violation of the Model Code of Conduct.
2.The Representation of People Act of 1951 declares any appeal in the name of any religion to be a corrupt practice that invalidates an election.
3.The suspension or removal of a party’s recognition does not deprive it of the symbol reserved for it.
Which of the statements given above are correct?
Explanation –
Statements 1 and 2 are correct. The Election Symbols (Reservation and Allotment) Order, 1968, brought out by the Election Commission of India (ECI), makes provisions to deal with violations of the Model Code of Conduct. Paragraph 16A of the Symbols Order states that the ECI can suspend or withdraw recognition of a political party for violations of the Model Code of Conduct, which directly impacts the party’s ability to use its reserved symbol during elections. The Representation of the People Act, 1951, specifically under Section 123(3), declares that any appeal by a candidate or any other person with the consent of the candidate or his election agent to vote or refrain from voting on the ground of religion, race, caste, community, or language is a corrupt practice. Such practices are sufficient grounds to annul the election in which such an appeal was made.
Statement 3 is incorrect. The suspension or removal of a party’s recognition deprives it of the symbol reserved for it. According to the Election Symbols (Reservation and Allotment) Order, 1968, if a party’s recognition is suspended or withdrawn, it loses the right to use the symbol that had been reserved for it.
Source: The Hindu
