JANTA PARTY THROUGH ITS PRESIDENT vs ELECTION COMMISSION OF INDIA

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 17.01.2025 + W.P.(C) 633/2025 JANTA PARTY THROUGH ITS PRESIDENT .....Petitioner Through: Mr R.K. Bali with Ms Meghna Bali and Ms Taniya Bali, Advocates. versus ELECTION COMMISSION OF INDIA .....Respondent Through: Mr Sidhant Kumar with Mr Om Batra and Ms Eksha Kashyap, Advocates. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA VIBHU BAKHRU, ACJ. (ORAL) 1. The petitioner has filed the present petition, inter alia, impugning the constitutional validity of the Election Symbol (Reservation & Allotment) Order, 1968 [hereafter the ES (R&A) Order] which confines the provision for reservation of symbols to a registered political party. 2. Mr.R.K. Bali, the learned counsel appearing for the petitioner contends that the petitioner was a recognised party but is no longer recognised. He submits that notwithstanding it is not a recognised state or national political party, the petitioner holds rights in respect of the symbol that was used for contesting the elections in earlier years. He submits that the symbol is a property, which intrinsically vests with a political party irrespective of whether it is recognised or it is de-recognised. He also Signature Not Verified Digitally Signed W.P.(C) 633/2025 Page 1 of 8 By:TARUN RANA Signing Date:21.01.2025 11:27:19 submits that a political party is de-recognised if it is not performing well in elections and fails to secure 6% of the votes polled, however, this is self- perpetuating because disability to use symbols further reduces its ability to perform well in elections. 3. Mr Sidhant Kumar, the learned counsel appearing for the Election Commission of India (ECI) submits that the issues sought to be raised are squarely covered against the pe