Delhi HC rejects plea against national, state-level status for political parties

New Delhi, Jan 9 (PTI) The Delhi High Court on Friday dismissed a petition challenging the recognition of political parties as national or state-level parties by the Election Commission.

The petitioner, the Hind Samrajya Party, assailed the validity of the Election Symbols (Reservation and Allotment) Order, 1968, for classifying political parties as either national parties or state parties.

A bench of Justices Nitin W Sambre and Anish Dayal held that the petitioner re-agitated issues already settled by the Supreme Court, and there was no reason to hold the Symbols Order to be without any statutory powers or discriminatory.

The petitioner, a registered political party, argued that the Election Commission illegally recognised the political parties at national or state-level when it has no power to do so.

It said the criterion laid down in the Symbols Order in paragraphs 6A, 6B and 6C to award such a status was unreasonable and without any basis.

It asserted that national and state-level political parties were allotted election symbols for campaigning much before the polls whereas the candidates of a "newly born political party" would get a symbol only after the date of scrutiny, leaving it with a very short span of time.

In the judgment, the court observed that the Supreme Court has already held that allotment of election symbols could not be claimed as a fundamental right. Further, under Article 324 of the Constitution, along with Rules 5 and 10 of the Conduct of Election Rules, the Election Commission was armed with the power to frame the Symbols Order for the purpose and object of having free and fair elections, it said.

The court further said the law provided for "compartmentalisation" of political parties according to the constitutional mandate of Article 324.

It noted that according to the apex court, the Election Commission, in its wisdom, had decided that to recognise a political party, it was necessary for it to first achieve a certain benchmark in state politics and the same was not unreasonable.

"The petition fails and stands dismissed accordingly," the court ordered.

The petitioner argued that it was facing discrimination at every stage of elections as the existing political parties, which had been illegally recognised as national or state-level political parties, enjoyed special rights and facilities.

It asserted that national/state-level political parties were allotted election symbols for campaigning much before the polls whereas the candidates of a "newly born political party" would get a symbol only after the date of scrutiny, leaving it with a very short span of time.

It argued that there could be no discrimination between registered political parties as the concept of national or state-level political party was alien to the provisions of the Constitution, democracy and rule of law.

"The provisions contained in para 6A, B and C recognising the National and State Political parties are alien to the theme of the Representation of People Act as well as against the concept of free and fair election, one of the basic features of the Constitution of India," the plea said. PTI ADS ADS KSS KSS