Delhi High Court refuses to entertain Janata Party's challenge to Election Symbols law

The Delhi High Court Friday refused to entertain a petition by the Janta Party challenging validity of the Election Symbols (Reservation and Allotment) Order in so far as it provides for reservation of symbol only by a recognised party [Janta Party Through Its President Vs Election Commission Of India]..The Division Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela observed that the matter has already been settled in earlier cases. “The very same issue has been looked into. The issue raised is no longer res integra,” the Court noted, while disposing of the case. .The Janata Party's counsel had submitted that the party has the right to its the symbol for contesting elections, even if the party is unrecognised. “Symbol is a property intrinsic to a political party irrespective it is recognised or not and is inseparable,” the petition filed through Janata Party's President stated.The plea added that the Janata Party was a national party in 1977, and that late Morarji Desai was elected as a Prime Minister from this party. “BJP came out of this party. Even if the party fails to get requisite vote share (to become a recognised party), how is it expected that the party on another symbol can improve its performance?” the the plea further contended. .On a query by the Court about the legal provision being challenged by the party, the Janata Party's counsel read out Section 6A of the Election Symbols (Reservation and Allotment) Order, 1968. This provision lays down the conditions for the recognition of a political party as a State party.The counsel stated that it is discriminatory that some parties are given recognition and others are denied such recognition..Advocate Sidhant Kumar appeared for the Election Commission of India and countered that this issue has already been covered by several decisions.He referred to the Supreme Court decision in Subramaniam Swamy vs Election Commission of India and the Delhi High Court's judgment in Samta Party vs Election Commission of India & Ors. wherein it was held that symbol is not an exclusive property and right to symbol can be taken away due to dismal performance. He also questioned whether the Janata Party has the locus to move the Court on this issue. "A constitutional challenge cannot lie as it is not a fundamental right," he submitted.After hearing rival contentions, the Court disposed of the case yesterday..Advocates R.K. Bali with Advocates Meghna Bali and Taniya Bali appeared for Janta Party.Advocates Sidhant Kumar, Om Batra and Eksha Kashyap appeared for ECI.