Daijiworld Media Network - New Delhi

New Delhi, Jan 9: The Delhi High Court on Friday dismissed a petition challenging the constitutional validity of The Election Symbols (Reservation and Allotment) Order, 1968, ruling that no grounds were made out to interfere with the existing statutory framework governing elections.

A Division Bench comprising Justice Nitin Wasudeo Sambre and Justice Anish Dayal declined to entertain the plea filed by the Hind Samrajya Party, which had questioned the authority of the Election Commission of India (ECI) to frame and enforce the Symbols Order. A detailed copy of the judgment is yet to be uploaded.

The petitioner had sought a declaration that the 1968 Order was null and void and had urged the court to restrain the ECI from implementing its provisions. It was argued that the Order was not framed by the Central Government under Section 169 of the Representation of the People Act, 1951, which, according to the plea, vests rule-making powers exclusively with the Union government after consultation with the ECI.

On this basis, the party contended that the Election Commission lacked independent jurisdiction to issue the Symbols Order. The challenge also targeted paragraphs 6A, 6B and 6C of the Order, which lay down the criteria for recognition of national and state political parties.

Terming these provisions arbitrary and violative of Article 14 of the Constitution, the petitioner argued that all registered political parties form a single class and that granting reserved symbols and other procedural benefits to recognised parties amounted to discrimination against newly registered parties.

The High Court, however, found no merit in the submissions and dismissed the petition, holding that there was no justification to disrupt the established legal framework regulating elections and the allotment of symbols.