Delhi High Court on Friday dismissed a petition filed by the Janata Party challenging the constitutionality of the Election Symbols (Reservation and Allotment) Order, 1968. The plea sought to have the order declared unconstitutional, alleging it was discriminatory and ultra vires the Constitution.
The Janata Party argued that election symbols are integral to a party’s identity and public recognition. The petition contended that the denial of symbols to unregistered parties was arbitrary, unjust, and against natural justice, urging the court to quash the order.
A bench led by Acting Chief Justice Vibhu Bakhru rejected the plea, stating that the issue had already been conclusively resolved by the Supreme Court in prior rulings. The court emphasized that political parties cannot claim exclusive ownership of election symbols, as per the Election Symbols Order, which also permits the loss of a symbol following poor electoral performance.
Arguments By ECI And Court’s Observations
Advocate Siddhant Kumar, representing the Election Commission of India (ECI), argued that the matter had been settled in multiple authoritative judgments, including the landmark SS vs. ECI case. The bench concurred with this argument, asserting that the legal position on the allocation and reservation of symbols was clear and consistent with constitutional principles.
Janata Party’s Contentions
The Janata Party highlighted that it had previously been recognized as a national party with the symbol of a plough on the shoulder of a farmer. However, after being reclassified as a registered unrecognised political party, it was stripped of its original symbol and forced to select from a list of free symbols. The petitioner claimed this was unreasonable and contradicted the principles of fairness and equity.
The party further questioned the distinction between “registered and recognised” and “registered and unrecognised” political parties, arguing that this classification was baseless and discriminatory.
Court’s Ruling
The Delhi High Court upheld the ECI’s stance, reiterating that symbols are not the exclusive property of any party and can be reassigned based on electoral performance and classification. The court dismissed the petition, emphasizing that established legal precedents support the Election Symbols Order and its provisions.
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