For recognition as National Party, it must be State Party in at least 4 States, ECI may or may not regard NCT of Delhi as a State: Advocate Hemant Kumar
CHANDIGARH, 25 FEB: It has been over over two and half months since Aam Aadmi Party (AAP) won 5 Seats as well as got 12.92% of total valid votes polled across the State in Gujarat Assembly General Elections in Dec, 2022 thus qualifying to become a State Party in Gujarat however till date it is yet to officially recognized as such by the Election Commission of India (ECI) for the reasons best known to it.
An Advocate at Punjab & Haryana High Court, Hemant Kumar, asserted that before Assembly General Elections in Gujarat, a year ago in Mar, 2022 AAP won 2 seats and obtained 6.77% of total valid votes polled across the State in Goa Assembly General Elections, thus also qualifying as a State Party there too but even ECI hitherto has not officially recognized AAP as State Party in Goa too for whatever reasons.
The Advocate quoted Paragraph 6A (i) of Election Symbols (Reservation & Allotment) Order, 1968 which lays down either for five conditions for recognition as a State Party. The very first condition is that at the last general election to the Legislative Assembly of the State, the candidates set up by the party have secured not less than 6 percent of the total valid votes polled in the State and in addition the party has returned at least two members to the Legislative Assembly of that State at such general election. Thus AAP fulfills the aforementioned condition i.e. of becoming a State Party in both the States of Goa and Gujarat.
Hemant further said that apart from Goa and Gujarat, AAP is already a recognized State Party in the State of Punjab along with NCT (National Capital Territory) of Delhi.
In Punjab, it has got such status since the year 2014, after AAP won 4 out of total 13 Lok Sabha seats in during 16th Lok Sabha General Elections in May-2014, which is also a condition for being recognized as a State Party. Furthermore, a year ago in Mar, 2022 AAP won a whopping 92 seats in 117 member Punjab Legislative Assembly along with getting 42 % of total valid votes polled across the State. Since 16 Mar 2022, Bhagwant Mann is heading AAP Govt in Punjab.
Similarly in the case of NCT of Delhi, AAP has got State Party status since the year 2014, after AAP won 28 out of total 70 seats as well as over 29 percent of total valid votes polled during Dec, 2013 NCT of Delhi Assembly General Elections. In Feb, 2015 and Feb, 2020 Assembly General Elections too, AAP not only retained State Party status but also formed its Govt in NCT of Delhi under Arvind Kejriwal which is continuing till date.
Be that as it may, Hemant further asserted that as per Para 6B(iii) of Election Symbols (Reservation and Allotment) Order, 1968 and as amended till date, one of the conditions for recognition as a National Party is that the Party is recognized as a State Party in at least four States.
Amidst all this, Hemant opines that although in view of the above, AAP seems to be duly qualified for being recognized as National Party since it is a recognized State Party in States of Goa, Gujarat, Punjab apart from in NCT of Delhi though ECI is yet to grant official recognition to AAP in States of Goa and Gujarat on the basis of its poll performance in the Assembly General Elections as conducted in the year 2022 which however might be done sooner or later by the ECI.
However, Hemant points that there is also one more catch here. Since as on date, the status of NCT of Delhi is not at par with that of any other State in the country, hence the ECI may or may regard AAP’s State Party Status in NCT of Delhi as similar to such Status as regard in State of the country. In that scenario, apart from NCT of Delhi, AAP would be regarded as a State Party in only three States in the country viz. Goa, Gujarat and Punjab. Hence, for obtaining National Party Status, AAP would have to become a State Party in one more State. This situation would not have arisen had Para 6B(iii) of Election Symbols Order, 1968 mentioned that for recognition as a National Party, the Party is recognized as a State Party in at least four States or NCT/UTs. Currently, apart from NCT of Delhi, there is UT of Puducherry which has a Legislative Assembly. The UT of J&K would also have a Legislative Assembly, as and when duly established.
Be that as it may, in this regard, Hemant also recalls the case of National People’s Party (NPP) which was granted the National Party status in June, 2019 by the ECI after NPP became a State Party in four States viz. Manipur, Meghalaya, Nagaland and Arunachal Pradesh.
Meanwhile in next two to three months i.e. in Apr-May, 2023, the Assembly General Elections would be conducted in the State of Karnataka and late this year in Nov-Dec, 2023 it is the turn of Chhattisgarh, Madhya Pradesh, Rajasthan, Telangana and Mizoram. In April-May 2024, the 17th Lok Sabha Elections are due along with Assembly General Elections in States of Arunchal Pradesh, Andhra Pradesh, Odisha and Sikkim.