Can the Cockroach Janta Party get a cockroach poll symbol in India?

The Cockroach Janta Party (CJP) wants a mobile phone as its election symbol, but that's not on the Election Commission's free symbols list. Can the CJP use cockroach as its poll symbol? Here's a look at ECI's poll-symbols list and the rules.

A cockroach has crawled into India's political discourse. And it is making news. The Cockroach Janta Party (CJP), launched online just five days ago, has surpassed the Instagram follower count of the ruling BJP, not just India's, but the world's largest political party.

While the CJP, which critics dismiss as a social-media gimmick, remains miles away from the BJP in terms of primary membership, it has generated remarkable online traction. Two Trinamool Congress MPs have already been "admitted" into the party, while state-specific units have sprung up across social media platforms, pledging allegiance to founder Abhijeet Dipke, who operates from Boston in the United States.

Even as it gains traction on social media, the CJP's X account was withheld in India on Thursday.

In such a scenario, it is only natural to ask whether the CJP, which is buoyed by a growing social media following and claims of thousands of members, can contest elections on the symbol that inspired its name? The CJP in an X post had said that mobile phone would be its symbol. Still, can the outfit claim the cockroach as its election symbol if it were to claim it?

The short answer is yes, but not easily.

First, let us see who allots election symbols in India and how.

COCKROACH NOT ON ELECTION COMMISSION'S FREE SYMBOLS LIST

India's election symbol rules are regulated by the Election Commission of India (ECI). Firstly, the CJP has to register with the ECI.

Registered but unrecognised parties generally have to pick from a notified list of "free symbols". The list, which is fairly outdated, however, doesn't feature the mobile phone as one of the 100-plus symbols that the party desires.

They might propose a new symbol of their choice, but that comes with some restrictions. One of those restrictions is particularly relevant to the CJP.

The ECI's "The election symbols (reservation and allotment) order, 1968 (amended in 2016)", bar newly proposed symbols that depict "any bird or animal".

So while the party's name may be Cockroach Janta Party, getting a cockroach on the ballot could be a different matter altogether.

WHAT DOES THE ECI SAY ABOUT PARTY SYMBOLS?

Election symbols in India are governed by the Election Symbols (Reservation and Allotment) Order, 1968.

The Order classifies symbols into two categories. They are "reserved" and "free". Reserved symbols belong exclusively to recognised political parties, like the lotus of the BJP or the broom of the AAP.

Apart from that, there's also a list of some 100 symbols that the ECI calls "free". These symbols like lock and key, air conditioner, laptop, chess board, CCTV camera, nail cutter, are available for allotment to other candidates and parties. These are the symbols generally chosen and allotted to the Independents.

The ECI periodically publishes a list of free symbols. According to ECI rules, candidates of unrecognised parties choose from these notified free symbols.

CAN THE CJP ASK FOR A COCKROACH SYMBOL?

The first step would be the registration of the outfit as a political party with the ECI.

Technically, a registered unrecognised party can propose up to three new symbols of its choice, along with designs and drawings, for consideration as a common symbol.

The Symbols Order states that the Commission "may consider" such symbols if there is "no objection" to allotting them.

However, the same provision immediately places restrictions on what can be proposed. It says that newly proposed symbols "shall have no resemblance to the existing reserved symbols or free symbols, nor shall they have any religious or communal connotation or depict any bird or animal".

However, it remains to be seen if the ECI interprets the cockroach as an "animal" or an insect.

That clause is likely to be a hurdle for a cockroach symbol. A cockroach is an animal, meaning a proposal carrying its image could fall foul of the ECI's restrictions.

That does not mean animal symbols are entirely absent from Indian elections. Older recognised parties such as the Bahujan Samaj Party and the Forward Bloc continue to retain their elephant and lion symbols, respectively.

The mobile phone, which the CJP wants as its symbol, is not among the ECI's 100-plus free symbols, even though the party has expressed a preference for it. On the list of free symbols are landline phone and mobile charger, but not the mobile phone itself.

WHY ARE ANIMALS DISCOURAGED AS POLL SYMBOLS IN INDIA?

The restriction on "fauna" as a party symbol is not new.

A 2008 report in Kolkata-based daily, The Telegraph, noted that the ECI had stopped allotting animal symbols in 1991 after objections from animal-rights activists, who argued that real animals were sometimes paraded during campaigns and subjected to cruelty.

The Election Commission, in a communication to political parties and candidates in 2012, asked them to refrain from using animals and birds during election campaigns. It said that if the use of animals was unavoidable, parties must ensure that no law was violated and that no cruelty of any kind was inflicted on the animals, reported The Hindu newspaper in 2012.

A 2009 report by news agency PTI noted that the ECI had effectively discontinued the allotment of new animal and bird symbols after concerns raised by animal-rights activists.

Only a handful of legacy exceptions survived, such as the BSP's elephant, and the Forward Bloc's lion.

In other words, while older parties may continue using historically allotted animal-based symbols, new applicants face a much stricter standard.

DOES A NEW PARTY HAVE TO USE A SYMBOL FROM THE ECI LIST?

In most cases, yes. The ECI maintains an extensive catalogue of over 100 free symbols from which unrecognised parties can indicate preferences.

If several parties seek the same symbol, allotment can be decided on a first-come-first-served basis or, in some cases, by draw of lots.

The ECI retains the final authority over symbol allocation and can even allot another free symbol if a preferred one is unavailable.

Coming back to the Cockroach Janta Party, presently its popularity appears mostly on social media, where its anti-establishment humour and unconventional branding have attracted attention. Whether it metamorphises into a serious political body remains to be seen.

If it does, the first step would be registration under Section 29A of the Representation of the People Act, 1951. Registered but unrecognised political parties can contest elections and seek a common symbol subject to ECI rules.

The CJP on social media said that a mobile phone would be its symbol, but if the party hopes to see a cockroach printed beside its candidates' names on voting machines, the law might be stacked against it. Again, the ECI's interpretation of the cockroach will play a role here. A cockroach, however, is unlikely to make the Commission's approved symbol catalogue anytime soon.

- Ends