Delhi HC Upholds ECI’s Allotment Of Free Symbols To Unrecognised Parties On ‘First-Come-First’ Basis

The plea filed under Article 226 of the Constitution of India, sought various reliefs, including striking down certain provisions of the Election Symbols (Reservation and Allotment) Order, 1968, and quashing the communication sent by the ECI regarding the allotment of the symbol. Specifically, Explanation (iv) and Proviso 1 to Explanation (iv) of Order 10B (B) of the Election Symbols (Reservation and Allotment) Order, 1968 (Election Symbols Order) were challenged.

Accordingly, a bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora after noting the facts and the averments made in the matter, observed, “…Petitioner as noted above, was fully aware of the ‘first’ acceptance date for application as 17th December, 2023 and its significance in the scheme of Paragraph 10B (B) of the Election Symbols Order and had made use of the same to its advantage in the past. We are therefore, of the considered opinion that the allotment of the free symbol “Ganna kisan” by Respondent No. 1 in favour of Respondent No. 2 by the impugned letters is neither arbitrary nor unconstitutional”.

Senior Advocate Haripriya Padhmanabhan appeared for the petitioner, and Standing Counsel for ECI Ankit Agarwal appeared for the respondent.

In the present matter, the petitioner-‘Naam Tamilar Katchi’, is an unrecognized political party in India, registered under Section 29A of the Representation of the People Act, 1951, since 2013. It was stated that in the year 2019, the Petitioner applied and was allotted “Ganna Kisan” as its common symbol from the list of free symbols published under Paragraph 10B (B) of the Election Symbol Order, for the general elections of the Lok Sabha for the year 2019.

Therefore, it was argued that it had historical precedence with the "Ganna Kisan" symbol, having utilized it in previous elections. The party argued that the symbol had significant recognition among voters in Tamil Nadu and Puducherry.

However, the Election Commission of India argued that stating that the allotment was made in accordance with the provisions of the Election Symbols Order, which mandate a 'first-come-first-served' basis for allotting symbols to political parties. The ECI pointed out that the opposing party had filed its application after another party had already applied for the same symbol within the stipulated timeframe.

It was further argued that an unrecognized political party is not entitled, as a matter of right, for exclusive allotment of a free symbol and Explanation (iv) of Paragraph 10B (B) read with Paragraph nos. 5 and 6 of the Election Symbols Order, clearly indicates the legislative intention, that the allotment of free symbol to an unrecognised party has to be done on ‘first-come-first[1]served’ basis.

The Court, thus in the judgment, upheld the ECI's decision, emphasizing the importance of adhering to the statutory provisions governing symbol allotment. It rejected the petitioner's plea to reinterpret the provisions, stating that it is not within the court's purview to rewrite statutes. The Court further highlighted that the petitioner had prior knowledge of the application deadline and had benefited from the 'first-come-first-served' basis in previous elections.

Appearances:

Petitioner: Senior Advocates Haripriya Padhmanabhan with Advocates Priya R., Manoj Kumar, Shrutanjaya Bhardwaj and Omkar Hemanth

Respondent: Standing Counsel for ECI Ankit Agarwal, with Advocate Ashish Shukla

Cause Title: Naam Tamilar Katchi Through Its President Election Commission Of India & Anr. [Neutral Citation: 2024:DHC:1774-DB]