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Delhi High Court Upholds Election Symbols Order, Dismisses Hind Samrajya Party Challenge

The bench cited prior Supreme Court rulings that confirm the Election Commission's authority under Article 324.

Overview

  • Justices Nitin W. Sambre and Anish Dayal dismissed the Hind Samrajya Party’s 2019 petition challenging the Election Symbols (Reservation and Allotment) Order, 1968.
  • The Court affirmed that the Election Commission can recognise political parties and allot symbols, describing the Symbols Order as directions issued to ensure free and fair elections.
  • It held that distinguishing recognised and unrecognised parties based on objective criteria does not breach Article 14.
  • The Bench relied on Supreme Court precedents including Sadiq Ali, All Party Leaders Conference, Desiya Murpokku Dravida Kazhagam, and the Constitution Bench ruling in Anoop Baranwal.
  • The challenge to paragraphs 5(2), 6A, 6B and 6C failed, the request for an injunction was declined, and a detailed written judgment is awaited.