Allow AITC Candidates to use Party Name and Symbol in RHAC Poll: Gauhati High Court

The Gauhati High Court on Friday issued an order that the petitioners, who are candidates in the upcoming Rabha Hasong Autonomous Council (RHAC) election
Gauhati High Court
Gauhati High Court
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Staff Reporter

Guwahati: The Gauhati High Court on Friday issued an order that the petitioners, who are candidates in the upcoming Rabha Hasong Autonomous Council (RHAC) election, should be allowed to use the 'Flowers and Grass' party symbol of the All India Trinamool Congress and to contest in the election as candidates from the All India Trinamool Congress (AITC), Assam Pradesh, and not as independent candidates.

Taking such a view of the matter, the court of Justice Manish Choudhury ruled that the petitioner candidates' identity cards should be issued with the symbol accordingly. The court also directed the District Commissioner/Election Officer (respondent no. 4) to take the necessary steps in respect of the ballot papers to be printed for the ensuing Rabha Hasong Autonomous Council Election, 2025, scheduled on April 2, 2025.

The four petitioners in the case (WP(C)/1706/2025) have stated that they are members of the party AITC, which is recognised as a state party in the states of Meghalaya and West Bengal, and their memberships are with AITC, Assam Pradesh. The petitioners have been provided party tickets by AITC, Assam Pradesh, to contest the election for the RHAC, and accordingly, the petitioners submitted nomination papers for contesting the election to Rabha Hasong Autonomous Council Election - 2025 from different constituencies of Kamrup (Rural) District.

On March 12, 2025, the President of AITC, Assam Pradesh, submitted an application before the Assam State Election Commission (ASEC) requesting allotment of the party symbol of 'Flowers & Grass' for candidates who submitted nomination papers on behalf of AITC, Assam Pradesh, in the RHAC Election - 2025.

The Chief Election Commissioner, ASEC, after considering the application submitted on behalf of AITC, Assam Pradesh, passed an order on March 12, 2025, observing that the 'Flowers and Grass' party symbol of All India Trinamool Congress, Assam Pradesh, should be allotted to the candidates nominated by the party as per Paragraph 10 of the Elections Symbol [Reservation & Allotment] Order, 1968, of the Election Commission of India.

The petitioners/candidates had approached this court by the instant writ petition with a grievance that they have been issued candidates' identity cards wherein the petitioners' party name, AITC, Assam Pradesh, has not been reflected and the petitioners are shown as independent candidates by the Election Officer for Kamrup [Rural] District.

On Friday, March 28, standing counsel of ASEC, Dubey, placed an office letter dated March 27, 2025, of the Election Officer for Kamrup district (respondent no. 4), addressed to the Secretary, ASEC, giving clarification regarding non-assignment of the party name 'All India Trinamool Congress, Assam Pradesh' to the petitioners.

In view of the order dated March 12, 2025, passed by the ASEC; the submission of the nomination papers, including Form 'A' and Form 'B', by the petitioners for the ensuing Rabha Hasong Autonomous Council Election, 2025, as nominated candidates of AITC; and the observations made hereinabove, the court was of the view that the petitioners should not only be allowed to use the party symbol of the All India Trinamool Congress, 'Flowers and Grass', but they should also be allowed to contest in the election candidates from the party, All India Trinamool Congress, Assam Pradesh. Also, that the petitioner candidates' identity cards should be issued with the symbol, accordingly.

The court allowed the writ petition to the extent of the observations made and directions given above.

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