Just ahead of the Lok Sabha elections, the Janata Dal (United) had secured an order from the Election Commission barring the Jharkhand Mukti Morcha from contesting in Bihar on its symbol 'Bow and Arrow' since it was very similar to JD(U)'s symbol, the 'Arrow'.
Now, on the eve of the coming round of Assembly elections, the same ruling has come back to bite the JD(U), with the poll body now passing an order that Nitish Kumar's party cannot fight polls on its symbol, the 'Arrow', in Jharkhand and Maharashtra as it is very similar to the symbol 'Bow and Arrow', which belongs to JMM and Shiv Sena, the recognised state parties in the two states, respectively.
The Commission, in its order passed on August 16, 2019, has directed that the JD(U) will not be granted a concession to use its symbol for contesting elections in Jharkhand and Maharashtra. The ruling is based on the provisions of Paragraph ten of the Election Symbols (Reservation & Allotment) Order, 1968, under which candidates set up by a recognised state party in the state in which the party is recognised have the right for exclusive allotment of the reserved symbol of the party, whereas the concession to a state party to use its reserved symbol in a state in which it is not recognised is subject to the condition that there is no reasonable ground for refusing such concession.
JD(U) decided that it will challenge the EC's decision which does not grant it permission to contest elections using its reserved symbol in Jharkhand and Maharashtra. "Party has decided to challenge the decision in Commission and if required, we will go to High Court as well. Somewhere, now our demand from EC is to freeze the election symbol of JMM. Because, in Bihar, they are not a prominent player and in Jharkhand, they have exploited tribals using this symbol," JDU leader Rajeev Ranjan said.
"Having considered all aspects of the matter, the Commission has directed that the Janata Dal(United) will not be granted concession under Paragraph 10 of the Symbols Order to use their reserved symbol "Arrow" for contesting elections in the States of Jharkhand and Maharashtra, henceforth," the Election Commission of India had said.
According to a senior EC official, the order is in keeping with provisions of the Election Symbols Order of 1968 as applicable to all such state parties in similar situations. The official explained that while the JD(U)'s symbol is accepted on priority in Bihar, similarly in Jharkhand, it is the JMM's symbol that gets priority. The JD(U) is a recognised state party in Bihar and Arunachal Pradesh, where its symbol, the 'Arrow', is reserved, the JMM is a recognised state party in Jharkhand, and its symbol 'Bow and Arrow' is reserved in that state. Shiv Sena too has the symbol of 'Bow and Arrow', which is its reserved symbol in Maharashtra, where it is a recognised state party.
The JMM had submitted an application dated June 24, 2019 to the Commission requesting not to grant concession for allotment of 'Arrow', the reserved symbol of JD(U), under the provisions of Paragraph 10 of the Election Symbols Order to the candidates set up by the JD(U) in any election in Jharkhand.
The main submissions placed by the JMM were that it is the principal opposition party in Jharkhand with 19 MLAs in the Assembly, that after Jharkhand got separated in 2000, the party got recognised in the state and was allotted the symbol 'Bow and Arrow' in 1985, which was reserved for it. It was also pointed out that the JD(U) does not have any member in the state Assembly not represents the state in Parliament.
Most crucially, the JMM highlighted in its plea that the Commission has already accepted the JD(U)'s application for denying reserved symbol 'Bow and Arrow' to JMM in Bihar under an order dated March eight, 2019, and therefore, the poll body has already concluded that there is a similarity between the symbols of the two parties.
The Commission noted in its order on the JMM plea that it had in the JD(U) case found there was merit in the application of the Bihar party about the similarity between the symbols leading to confusion amongst voters. The similarity is both in the design as well as in the nomenclature of the two symbols, it said. The JD(U) had itself submitted that there is a close similarity between the symbols and that the electors could get confused, the EC noted.
The order passed in the JD(U) plea, said the EC, was equally applicable for the present case of JMM. It said the same would apply in Maharashtra where Shiv Sena has 'Bow and Arrow' as reserved symbol.
Meanwhile, the JD(U) has said it will approach the EC seeking a review of the order. JD(U) leader Rajeev Ranjan said the party might even go to court if it does not get relief from the Commission.
