Aam Aadmi Party has moved the Karnataka High Court seeking directions to the Election Commission of India to grant recognition to it as a National Party under the scope of the Clause 6B of the Election Symbols (Reservation And Allotment) Order, 1968. AAP currently has the status of a State Party in the State of NCT-Delhi, Punjab, Goa and Gujarat. The plea has been moved weeks...
Aam Aadmi Party has moved the Karnataka High Court seeking directions to the Election Commission of India to grant recognition to it as a National Party under the scope of the Clause 6B of the Election Symbols (Reservation And Allotment) Order, 1968.
AAP currently has the status of a State Party in the State of NCT-Delhi, Punjab, Goa and Gujarat. The plea has been moved weeks before elections in Karnataka.
The petition filed through Advocate Abhishek Kumar states that the party was able to form the Government in two states and also secure a good percentage of votes in other states. It has given a representation dated 19.12.2022 to the Election Commission to consider the status of National Party claiming that the party has an eligibility as per the election symbols (reservation and allotment) order 1968. Another representation was given on 6.02.2023 as a reminder. However, the Commission has not responded, the party said.
“The Election Commission is bound to act under Article 324 of the Constitution of India,” it said.
The party further said that EC has in its possession a statement showing the number of votes polled by the party in Gujarat elections "which clearly elucidates that the performance of the party at the polls and makes it eligible for recognition of as a National party under Clause 6B of The Election Symbols (Reservation And Allotment) Order, 1968.”
Moreover, discretion is granted to the Commission under Section 29A (7) of the Representation of the People Act, 1951 to accept or reject application of association or body of individual citizens of India as a political party. However, there appears to be no discretion afforded under Clause 6B of The Election Symbols (Reservation And Allotment) Order, 1968, it said.
AAP said the EC, despite being furnished clear and unequivocal fulfilment of the pre-requisites of Clause 6B The Election Symbols (Reservation And Allotment) Order, 1968 by the party, continues to keep the grant of recognition of the Petitioner as a National Party ‘under review’.
Thus it has prayed to direct the Commission to grant recognition to AAP as a National Party. Alternatively, it has prayed for a direction to the Commission to consider its representation dated 19.12.2022 and the reminder Email dated 15.03.2023, before the nomination process to begin in the State of Karnataka for the assembly election 2023.
Case Title: AAM AADMI PARTY And Election Commission of India & ANR
Case No: WP 7732/202