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Delhi High Court Seeks EC's Reply On Plurals Party's Plea Seeking Common Symbol To Contest Bihar Polls [Read Order]

Sparsh Upadhyay
26 Oct 2020 9:19 AM GMT
Delhi High Court Seeks ECs Reply On Plurals Partys Plea Seeking Common Symbol To Contest Bihar Polls [Read Order]
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The Delhi High Court on Monday (20th October) sought the response of the Election Commission of India (ECI) on a plea filed by the newly formed political outfit, Plurals Party, seeking to use 'Chess Board' as an election symbol during the Bihar Assembly polls.The Bench of Justice Jayant Nath has directed the ECI to file its reply within four weeks regarding the allotment of a common symbol to...

The Delhi High Court on Monday (20th October) sought the response of the Election Commission of India (ECI) on a plea filed by the newly formed political outfit, Plurals Party, seeking to use 'Chess Board' as an election symbol during the Bihar Assembly polls.

The Bench of Justice Jayant Nath has directed the ECI to file its reply within four weeks regarding the allotment of a common symbol to the Plurals Party.

It may be noted that before the Delhi High Court, it was submitted by the Plurals Party that by the time the Party was registered with ECI, the last date of the first stage for filing nominations for the elections in the State of Bihar was over.

The party said that despite following the law, rules and regulations for the registration of political parties, ECI registered the political party, Plurals Party, only on October 13.

It was further pleaded before the Court that the prime objective of the registration on time of the political party was to contest the State Elections of Bihar, however, the last date for filing the nomination for the first phase of the election already expired on October 8 (while the party was registered on 13th October).

The plea filed by the Petitioner mentioned that the relaxations were in effect till October 20 which was the last date for filing of nomination for phase three of the general election to the Bihar Legislative Assembly.

In this context, the plea further stated, "The petitioner was denied the opportunity of this relaxation announced by the respondent as a result, of which Its candidates were constrained to file nomination for the first phase of the election as independent candidates owing to the facts that the last date to file the nominations for the first phase of Bihar election was October 8. The non-registration of the petitioner (political party) by the respondent (ECI) on or before October 8 has resulted in irreparable loss to the party," the plea said.

However, it was next submitted that in the second stage, 73 candidates of the petitioner party filed nominations out of which 63 nominations have been accepted.

Further, it was claimed that a large number of candidates were given a symbol of CHESS BOARD. Hence, it was prayed that CHESS BOARD is a free symbol and the same may be allotted to the petitioner party in view of the communication issued by the respondent (ECI).

In response to this, the counsel appearing for the respondent raised a preliminary objection stating that the present relief sought is barred under Article 329(b) of the Constitution of India.

The Counsel also relied upon the judgment of a Coordinate Bench of the court in the case Sanjoy Sachdev vs. Chief Election Commission, ILR (2003) 2 Delhi 529 and the Judgment of the Supreme Court in the case of Mohinder Singh Gill and Anr. Vs. Chief Election Commissioner New Delhi & Ors, AIR 1978 SC 851.

It was argued by the ECI that the term 'election' includes all steps and the entire proceedings commencing from the date of notification of election till the date of declaration of the result.

Lastly, the counsel for the petitioner stated that there was no interim injunction application with the petition and that there was no intention to interdict the election process.

The Court ordered that Counter-affidavit be filed within four weeks from the date of the order. The matter has been listed for further hearing on 21.12.2020.

[With PTI inputs]

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