Delhi HC dismisses plea challenging Election Symbols Order of 1968

The Delhi High Court has dismissed a petition from the Hind Samrajya Party that challenged the constitutional validity of the 1968 Election Symbols Order, upholding the Election Commission of India's authority to regulate electoral symbols.

The Delhi High Court on Friday turned down a petition challenging the constitutional validity of The Election Symbols (Reservation and Allotment) Order, 1968, which regulates the specification, reservation and allotment of electoral symbols to political parties and candidates. The court held that no case was made out to disrupt the existing statutory framework governing elections.

A Division Bench comprising Justice Nitin Wasudeo Sambre and Justice Anish Dayal declined to entertain the plea moved by the Hind Samrajya Party, which had questioned the competence of the Election Commission of India to frame and enforce the Symbols Order. A detailed copy of the judgement is yet to be uploaded.

Basis of the Legal Challenge

The petitioner had sought a declaration that the 1968 Order was null and void and had urged the court to restrain the ECI from implementing its provisions. It was argued that the Order was not framed by the Central Government under Section 169 of the Representation of the People Act, 1951, which, according to the plea, confers rule-making power solely on the Union government after consulting the ECI. On this basis, the party contended that the Commission lacked independent jurisdiction to issue the Symbols Order.

The challenge also targeted paragraphs 6A, 6B and 6C of the Order, which set out the criteria for recognition of national and state parties. Terming these provisions arbitrary and violative of Article 14, the petitioner claimed that all registered political parties constitute a single class and that extending reserved symbols and procedural advantages to recognised parties discriminates against newly registered entities.

The court, however, found no merit in the submissions and dismissed the petition. (ANI)

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