(MOREPIC1) Face2News/Chandigarh
The matter regarding recognition of Aam Aadmi Party ( AAP) as a State Party in the State of Gujarat is under process. Similarly, recognition of AAP as a National Party is also under process. However, letter of recognition of AAP in the State of Goa has been issued.
The above information has been given by Election Commission of India (ECI) vide a letter dated 23 March 2023 signed by Jaydeb Lahiri, CPIO & Secretary in the ECI in response to a Right to Information (RTI) application of Hemant Kumar, an Advocate at Punjab & Haryana High Court. He had filed the online RTI application seeking complete information pertaining to grant of State Party Status to AAP under Paragraph 6A (i) of Election Symbols (Reservation & Allotment) Order, 1968 in the States of Goa and Gujarat on the basis of AAP poll performance in State Assembly General Elections of both above States as conducted in the month of Feb-Mar 2022 and Nov-Dec 2022 respectively.
The Advocate in Point Number 2 of his RTI application also sought information pertaining to grant of National Party Status to AAP by ECI under Paragraph 6B (iii) of Election Symbols (Reservation & Allotment) Order, 1968.
Pertinent that the RTI was originally filed with Union Ministry of Law & Justice on 22 Feb 2023 which it transferred to ECI under Section 6(3) of the RTI Act, 2005. Consequently, that RTI application was received in the ECI on 6 March 2023 as also mentioned in the RTI reply letter. (SUBHEAD)
Meanwhile, this past Saturday, 25 March 2023 Hemant wrote to the Chief Election Commissioner (CEC) Rajiv Kumar, two Election Commissioners (ECs) viz. Anup Chandra Pandey and Arun Goel and other senior officers at Election Commission of India (ECI) appealing for grant of Status of National Party to Aam Aadmi Party (AAP) well before the announcement of Poll Schedule by the ECI for General Election to the Legislative Assembly of Karnataka as well as before Bye-Election on vacant Parliamentary Constituency (PC) of Jalandhar in the State of Punjab. The above Poll Schedule is likely to be announced by ECI anytime in the next few days as the term of current Karnataka Assembly is till 24 May 2023.
Hemant asserted that since past one year, Aam Aadmi Party (AAP) which was till Sep, 2021 use to be State Party only in the State of Punjab and NCT of Delhi as per Notification issued by ECI dated 23 Sep 2021, however thereafter AAP firstly qualified to become a State Party in the State of Goa in March, 2022 on the basis of its performance in State Assembly General Elections ( by obtaining more than 6 % of Total Valid Votes polled in the State and two of its candidates getting elected as MLA in newly elected Legislative Assembly) followed by AAP qualifying to become a State Party in the State of Gujarat too in Dec, 2022 on the basis of its performance in State Assembly General Elections ( by obtaining more than 12 % of Total Valid Votes polled in the State and five of its candidates getting elected as MLA in newly elected Legislative Assembly).
However, Hemant told that the ECI has till date vide letter bearing No. 56/Review/2022/PPS-II/2491 issued dated 4 Aug 2023 which was addressed to the Convenor, Aam Aadmi Party wherein it was informed that the ECI had granted recognition to the Aam Aadmi Party as a State Party in the State of Goa under provisions of Election Symbols (Reservation & Allotment) Order, 1968. It was also mentioned in the ibid Letter that Notification in the above regard would be issued in due course but it is yet to be published in the Gazette of India.
Furthermore, the ECI has not issued any Order or Notification conferring the Status of (Granting Recognition as) State Party to AAP in State of Gujarat under Paragraph 6A (i) of Election Symbols (Reservation & Allotment) Order, 1968 for the reasons best known to it.
Hemant further said that after conferment of State Party status in the States of Goa and Gujarat on AAP, as when officially and formally granted by the ECI, as hereinbefore explained, AAP would become a State Party in a total of four States in the country viz. Punjab, Goa and Gujarat and NCT of Delhi, hence it would qualify to become a National Party under Paragraph 6B (iii) of Election Symbols (Reservation & Allotment) Order, 1968 on the similar lines as ECI granted recognition to National Peoples' Party (NPP) as a National Party in June, 2019 after NPP became a State Party in the States of Manipur, Meghalaya, Nagaland and Arunachal Pradesh.
In view of the above, Hemant has appealed that appropriate Order and requisite Notification ought to be issued by the ECI for conferment of Status of (Granting Recognition as) State Party to AAP in the twin States of Goa and Gujarat and in consequence thereof the conferment of Status of (Granting Recognition as) National Party to AAP on account of it being becoming a State Party in four States.