Court Dismisses Hind Samrajya Party’s Plea Challenging Election Commission’s Authority Under Article 324
In a significant ruling, the Delhi High Court has dismissed a petition filed by the Hind Samrajya Party challenging the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968. The petition, filed under Article 226 of the Constitution of India, contended that the Election Commission of India (ECI) had no jurisdiction to frame the Symbols Order and alleged that it discriminated against unrecognized political parties, violating Article 14 of the Constitution.
The bench, comprising Justices Mr. Nitin Wasudeo Sambre and Anish Dayal, emphasized the plenary powers vested in the Election Commission under Article 324 of the Constitution, which are further reinforced by Rules 5 and 10 of the Conduct of Election Rules, 1961. The court referred to several landmark judgments, including Sadiq Ali v. Election Commission of India and Anoop Baranwal v. Union of India, to uphold the legitimacy and necessity of the Symbols Order.
The petitioner argued that the classification between 'recognized' and 'unrecognized' political parties was discriminatory. However, the court found this distinction to be based on reasonable criteria necessary for maintaining the integrity of the electoral process. The judgment noted that privileges conferred on recognized political parties are justified and do not violate constitutional mandates.
The court also addressed the petitioner's concerns regarding the absence of rules by the Central Government to give effect to the Representation of People Act, 1951. It clarified that the legislative intent and the statutory framework empower the ECI to make such orders and that the Symbols Order was a vital component in ensuring free and fair elections.
The verdict reaffirms the Election Commission’s role in regulating electoral symbols and reinforces the legal framework supporting the electoral process in India. The dismissal of the petition signifies the judiciary’s endorsement of the existing electoral regulations, emphasizing the need for a structured and fair electoral process.
Bottom Line:
The Election Commission of India is empowered under Article 324 of the Constitution, read with Rules 5 and 10 of the Conduct of Election Rules, to frame the Symbols Order, 1968 - This Order is not ultra vires the Constitution and does not violate Article 14 - The classification between 'recognized' and 'unrecognized' political parties is constitutionally valid and based on reasonable criteria.
Statutory provision(s): Article 324 of the Constitution of India, Rules 5 and 10 of the Conduct of Election Rules, 1961, Representation of the People Act, 1951 (Sections 29A, 33, 38, 39A, 52, 77, 78A, 78B), Election Symbols (Reservation and Allotment) Order, 1968.
Hind Samrajya Party v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2835414
