[Letter from K Ganesan]

Summary

This official Election Commission of India order, dated 3 January 1975, addresses two closely related matters: a dispute between rival groups claiming the identity of the Bharatiya Kranti Dal (B.K.D.) under paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, and the amalgamation of the Swatantra Party, the B.K.D., the Utkal Congress, and other parties to form the Bharatiya Lok Dal under paragraph 16. The order records the rival submissions, party resolutions, affidavits, membership claims, and arguments presented at the hearing held on 1 January 1975.

In the pages rendered, the Commission rejects objections based on locus standi and on the claim that no internal split existed. It applies the test of majority and numerical strength, relying particularly on the elected legislators supporting the rival groups. It finds that the group led by Charan Singh represents the B.K.D. for the purposes of the Symbols Order, while treating the proposed Bharatiya Lok Dal as a new party formed through amalgamation rather than as a continuation of the B.K.D. The Commission subsequently recognises the Bharatiya Lok Dal as a national party and orders the freezing of the former parties’ symbols, including the B.K.D.’s “Haldhar” symbol, pending separate action on a symbol for the new party.

Key points

• The order combines a B.K.D. identity dispute under paragraph 15 with an inter-party amalgamation question under paragraph 16 of the Election Symbols Order.
• The rival B.K.D. groups were led, respectively, by Charan Singh and by M. S. Oberoi and Shyam Lal Yadav.
• The Commission treats majority and numerical strength in elected legislative bodies as the relevant test for determining which group represents the recognised party.
• The Commission concludes that the Charan Singh group commands the decisive majority among B.K.D.-elected members in the Uttar Pradesh legislatures and Parliament.
• The Bharatiya Lok Dal is treated as a newly formed party resulting from amalgamation, not as the continuing identity of the B.K.D.
• The Commission recognises the Bharatiya Lok Dal as a national party under paragraph 16.
• The symbols of the Swatantra Party, B.K.D., and Utkal Congress are ordered frozen to prevent electoral confusion, while a separate order is reserved for the Bharatiya Lok Dal’s symbol.