Haryana’s Municipal Elections: Legal Complexities Over Party Symbols Spark Debate
- HARYANAHEADLINES
- February 9, 2025
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As Haryana gears up for its municipal elections, a legal debate has emerged over the legitimacy of political parties contesting these elections on their official symbols. While major parties like the Bharatiya Janata Party (BJP), Congress, Aam Aadmi Party (AAP), Indian National Lok Dal (INLD), and Jannayak Janata Party (JJP) have announced their electoral strategies, legal experts argue that Haryana’s municipal laws do not provide for elections on party symbols.
Renowned advocate and municipal law expert Hemant Kumar has pointed out that Haryana Municipal Act, 1973, and Haryana Municipal Corporation Act, 1994, along with their respective election rules, do not mention the involvement of political parties in municipal elections. Despite this, for years, the State Election Commission (SEC) has been allotting party symbols based on its own orders rather than any statutory provision. In April 2022, the Haryana government had even rejected a proposal from the SEC seeking amendments to the law that would have formally allowed elections on party symbols.
Political Parties’ Strategies vs. Legal Limitations
There are 33 municipal bodies in Haryana, including 8 Municipal Corporations, 4 Municipal Councils, and 21 Municipal Committees, where elections are scheduled for March 2, 2025, with Panipat’s election set for March 9, 2025. The counting of votes will take place on March 12, 2025.
The ruling BJP, which has been in power for the past ten years, has decided to contest elections in municipal corporations and councils on its lotus symbol, while in municipal committees, only the Chairman’s post will be contested under the party’s official insignia. Meanwhile, the opposition Congress has opted to fight municipal corporation elections on its hand symbol, but a final decision regarding municipal councils and committees is still pending.
Other regional parties, such as JJP and INLD, will also strategize their moves, contesting elections on their respective symbols—the key and the glasses. The AAP, which gained national party status in 2023, will be entering the contest on its broom symbol. With multiple parties entering the fray, the elections are expected to be fiercely contested, yet the legal ambiguity surrounding the use of party symbols remains a contentious issue.
Legal Battle Over Party Symbols in Haryana’s Municipal Elections
Advocate Hemant Kumar has been vocal about the legal inconsistencies in Haryana’s municipal election process. He reiterated that the Haryana Municipal Election Rules, 1978, and the Haryana Municipal Corporation Election Rules, 1994, make no reference to political parties contesting on their symbols. The SEC, under the current law, is only authorized to allocate symbols from a pre-approved list of free symbols, not party-specific ones.
In a bid to address this, the SEC had sent a proposal to the Haryana government on November 20, 2022, recommending legal amendments to introduce party symbols and anti-defection laws in municipal elections. However, the Haryana government rejected this proposal, stating that there was no need to amend existing municipal laws.
Hemant Kumar also drew attention to Himachal Pradesh, where the BJP-led government amended the Himachal Pradesh Municipal Corporation Act, 1994, in 2021 to allow municipal elections on party symbols. Following these amendments, the SEC in Himachal Pradesh successfully conducted elections on party symbols in Mandi, Dharamshala, Solan, and Palampur municipal corporations. He argued that if Haryana wishes to legally conduct municipal elections on party symbols, similar amendments must be made to the Haryana Municipal Act, 1973, and the Haryana Municipal Corporation Act, 1994.
Anti-Defection Laws: A Missing Safeguard in Haryana’s Municipal Elections
Another critical issue raised by Hemant Kumar is the absence of anti-defection laws in municipal governance. Currently, India’s Tenth Schedule, which deals with anti-defection, applies only to Parliament and State Assemblies and does not cover municipal corporations, councils, or committees. This loophole enables elected mayors, chairpersons, and members of municipal bodies to switch parties at will, often betraying the trust of voters.
Hemant Kumar argues that if Haryana is serious about introducing municipal elections on party symbols, it must also implement anti-defection laws for municipal bodies. Without such provisions, municipal representatives could freely defect to rival parties after elections, undermining the democratic process and misleading voters.
Future of Municipal Elections in Haryana: A Political and Legal Crossroad
With Haryana’s municipal elections approaching, the contradiction between political practices and legal provisions remains a pressing concern. While political parties continue to campaign on their symbols, the absence of legal backing raises questions about the legitimacy of the process. The Haryana government has so far resisted calls for legal amendments, but mounting pressure from legal experts and opposition parties may force a reconsideration in the near future.
As the BJP, Congress, AAP, INLD, and JJP prepare for electoral battles in Haryana’s municipalities, the debate over party symbols and anti-defection laws will likely remain a hot topic. The legal challenge to Haryana’s municipal election system highlights a fundamental gap in governance, one that will need to be addressed to ensure transparency, stability, and fairness in local body elections.
