Securing 1% votes is mandatory for unrecognized parties seeking common symbols beyond two general elections.

The Petitioner, a registered unrecognized political party, filed a writ petition seeking to quash the Election Commission of India's (ECI) order dated 31.01.2026, which rejected its application for the allotment of a common symbol for the upcoming general elections

The Petitioner argued that the rejection was based on a misconceived interpretation of Paragraph 10B of the Election Symbols (Reservation and Allotment) Order, 1968, and that they were denied an opportunity to cure procedural defects

The ECI contended that the Petitioner had already availed the symbol concession twice and failed to secure the mandatory 1% of total votes in the 2021 Tamil Nadu Legislative Assembly Elections, thereby disqualifying them from a third concession

The Court primarily applied Paragraph 10B of the Election Symbols (Reservation and Allotment) Order, 1968

Under Explanation (i) to Para 10B, the concession of a common symbol is available to a registered unrecognized party for any two general elections

Under Explanation (ii), a party seeking the concession for a third or subsequent time is eligible only if the votes polled by its candidates in the previous election were not less than 1% of the total valid votes polled in that State

The Court analyzed the eligibility criteria set forth in the Explanations to Para 10B(B).

It noted that the Petitioner had already contested two earlier general elections using a common symbol

Consequently, the Petitioner's eligibility for a third allotment was strictly governed by Explanation (ii), which mandates a minimum 1% vote share in the preceding election

Since the Petitioner admittedly secured less than 1% of the votes in the last two general elections, the Court reasoned that the mandatory statutory condition for a subsequent concession remained unfulfilled

The Court held that the Petitioner had no legal right to demand the symbol given this non-compliance

The Court clarified that while the party could not claim a "common symbol" as a right, its individual candidates remained free to apply for "free symbols" from the Returning Officer under Paragraph 12 of the same Order

No costs were awarded.