SWARAJ INDIA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) C.M. No.12977/2017

(2.) Even before grant of registration, the appellant on 14th Feb., 2017 had made a representation to the State Election Commission, National Capital Territory of Delhi (SEC) for allotment of a common election symbol for they proposed to nominate candidates and contest the 272 seats in the forthcoming municipal elections in Delhi. This representation was rejected by the SEC vide order dated 21st Feb., 2017. After registration, the appellant on 28th Feb., 2017 had submitted a review application which was declined by the SEC vide order dated 17th March, 2017.

(3.) The order dated 21st Feb.,2017 relies upon Paragraphs 3 and 4 of the "Symbols Order" dated 5th April, 2016 issued by SEC read with Rule 15 of the Delhi Municipal Corporation (Election of Councillors) Rules,2012 (Election of Councillors Rules, for short) and Articles 243 and 243ZA of the Constitution to hold that SEC recognises and allots a common symbol to candidates of only National and State parties recognised by the ECI and not registered unrecognised parties. The second order dated 7th March,2017 records that ECI allots a common symbol to candidates of ' registered but not recognised parties' as a first step for recognition of such parties in State or States where they return the prescribed quantum of votes and elected candidates to the House and if such parties fulfil the requirements prescribed by the ECI. SEC was not concerned with such procedure for it does not register or recognise a political party for elections to the Municipal Corporations nor allots a symbol to a party which is registered but unrecognised with the ECI. The 'procedure' was/is prescribed by Rule 15 of the Election of Councillor Rules and the SEC cannot act over and above the existing law by relying upon 'precedents' in other States. The power to amend and modify the Election of Councillor Rules vests with the Lt. Governor.