The Election Commission of India (ECI) has given the State Chief Electoral Officer instructions to set aside the Shitti election symbol for the Janata Dal (United) in the upcoming Assembly elections. No registered political party or individual, including Bahujan Vikas Aghadi, would be allowed to use the whistle emblem during this election.
On January 30, 2024, the Election Commission informed the state’s chief electoral officer in a letter that the symbol had already been reserved for the Janata Dal (United) in the forthcoming Lok Sabha and Assembly elections. The District Election Officers were so given instructions to such effect on February 2, 2024. Bahujan Vikas Aghadi, however, utilized the symbol to run for the Palghar Lok Sabha constituency since the Janata Dal (United) did not send a candidate to the polls.
On January 30, 2024, the Election Commission of India issued a letter to the Chief Electoral Officer of the state, instructing the Janata Dal (United) to utilize the symbol of Shitti for the upcoming Lok Sabha and Assembly elections, as per the Election Symbols (Reservation and Allotment) Order. On February 2, the Chief Electoral Officer communicated with all District Election Officers through a letter regarding the matter. The Janata Dal (United) chose not to present a candidate for the Palghar Lok Sabha constituency in the 2024 Lok Sabha elections. Consequently, the Bahujan Vikas Aghadi candidate received the shitti symbol.
In accordance with the provisions of the Election Symbols (Reservation and Allotment) Act, 1968, numerous candidates for the forthcoming Assembly elections have demanded the use of the symbol whistle since it was included in the list of free symbols in the notification issued by the Election Commission of India on March 23, 2024. About this matter, on October 31, the state’s chief electoral officer had asked the Central Election Commission for advice.
This correspondence from the State Election Officer highlights a notable discrepancy within the legal framework. It is explicitly stated that symbols designated for political parties are not to be incorporated into the roster of free symbols; however, the whistle, which is categorized as a free symbol, has been erroneously added to this list. Furthermore, in a separate notification released by the Election Commission of India on March 26, 2014, it was noted that the symbol Arrow was excluded from the roster of free symbols for JD (U), given its status as a registered state party in the states of Arunachal Pradesh, Bihar, and Manipur. In light of this context, a petition was submitted seeking guidance to allocate the symbol to unrecognized political parties that are registered within the state.
