Delhi High Court Upholds Validity Of Election Symbols Order, Rejects Plea By Hind Samrajya Party

The Delhi High Court on Friday dismissed a petition seeking striking down of the Election Symbols (Reservation and Allotment) Order, 1968.

A division bench comprising Justice Nitin Wasudeo Sambre and Justice Anish Dayal rejected the petition filed by Hind Samrajya Party, an Uttar Pradesh based political party.

The plea sought a declaration that the Election Commission of India has no power or jurisdiction to frame the Election Symbols (Reservation and Allotment) Order, 1968. It further sought to restrain the ECI from enforcing the Order's provisions.

Filed in 2019, the petition contended that the impugned order is violative of the equality clause enshrined under Article 14 of the Constitution of India, alleging that the provisions are discriminatory and against the concept of free and fair election.

It was the party's case that as per the Order in question, some political parties are conferred special right and privileges over and above the similarly situated newly born political parties.

The plea said that the ECI has no power to make any rule, regulation or provision to give effect to the provisions contained in R.P.Act, 1951.

“It is respectfully submitted that political party is itself a 'class" and there can be no further distinction between the same class. All registered political parties are equal and no provision can be made conferring special rights to an existing political party over and above the newly born political party,” the plea states.

Opposing the petition, the ECI had contended that the issue is squarely covered by the Supreme Court recent Constitutional Bench ruling which held that the Symbols Order has been recognized as integral to maintaining the purity of the electoral process and enabling ECI to discharge its constitutional duty of conducting free, fair, and clean elections.

The ECI also said that the orders passed by it under the Symbols Order have consistently been upheld by the Supreme Court and various High Courts.

Counsel for Petitioner: Adv. Parth Yadav

Counsel for Respondents: Mr. Piyush Beriwal, Ms. Jyotshna Vyas, Ms. Ruchita Srivastava and Ms. Amisha P. Dash, Advocates for Respondent no.1 (UOI); Ms. Suruchi Suri, Standing Counsel, ECI with Mr. Siddharth Kumar, Advocate for Respondent nos. 2 and 3 (ECI).

Title: HIND SAMRAJYA PARTY v. UOI & ORS