Allahabad HC Asks National Political Parties To File Reply In Plea Challenging Use Of Election Symbols Post Elections [Read Order]

A reserved election symbol is a symbol that is reserved for a recognized political party for "exclusive allotment to contesting candidates", under para 5 of the Symbols (Reservation and Allotment) Order, 1968.

Asking all the national parties to file their replies, the bench of Chief Justice Govind Mathur and Justice Pankaj Bhatia said,

"We deem it appropriate to call upon all the political parties recognized by the Election Commission of India as national level parties to respond as to why this petition for writ be not accepted, as prayed."

The Petitioner-Advocate Shraddha Tripathi had argued before the bench that reserved election symbols were to be used only for elections and not after the elections were over. In light of Rule 5 of Conduct of Elections Rules, 1961, she argued that allotment of symbol to "contesting candidates" was only for participation in elections; such a symbol could not be permanently used by political parties as their party logo.

Rule 5 provides for symbols for elections in parliamentary and assembly constituencies. Under the provision, Election Commission is required to specify the symbols which may be chosen by candidates "at elections" in parliamentary or assembly constituencies.

"The reserved election symbol is only for one process of election and not for elections, which are to be conducted in future also. The reserved election symbols in a democratic republic are required to be changed for all the political parties in every election process. The law occupying the field does not permit to have perpetual election symbol for political parties," she added in light of para 4 of the Symbols (Reservation and Allotment) Order of 1968.

The said rule prescribes that a symbol would be allotted to a contesting candidate in every contested election.

Hence it was prayed that no political party be allowed to use the election symbol as its party logo on its flags and other propaganda material.

The matter has been posted for final hearing on February 17, 2020.

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