The Delhi High Court today sought the response of the Centre, Delhi government and Directorate of Gurdwara Elections (DGE) on a plea challenging validity of a rule on the issue of allocation of reserved symbol.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal also issued notice for July 17 to the lieutenant governor of Delhi on the petition claiming that the rule, which was amended in 2010, is ultra vires the Delhi Sikh Gurdwara Act and the Constitution.
The plea has alleged that the amended Rule 14 of the Delhi Sikh Gurdwara Management Committee (DSGMC) Rules has violated the fundamental rights of independent candidates to form a group or association of their own choice for seeking a reserved symbol for all the wards.
The petitioner Tarvinder Singh Marwah, who was recently appointed a member of the DSGMC) as an independent candidate, has claimed that this amended rule is contrary to the letter and spirit of the provisions of the Delhi Sikh Gurdwara Act.
The plea has sought declaration of the provisions of amended Rule 14 as unconstitutional or as an alternative, asked for the relief that the amended provisions shall not create any bar against individuals to form their group or association for seeking the reserved symbols in the names of their groups or associations for DSGMC elections without being registered and recognised as a religious party.
It has alleged that the amended rule talks about religious party and recognised religious party without there being any definition of it either in the parent DSG Act or in the Rules.
As per Rule 14 of the DSGMC (Election of Members), Rules, 1974, "The Director shall, by notification in the Delhi Gazette, specify the symbols that may be chosen by candidate at elections and the restrictions to which their choice shall be subject."
After 2010, Rule 14 was amended as "The Director shall, by notification in the Delhi Gazette, specify the reserved symbols to be allotted to the recognised religious parties recognised under sub rule (3) and the free symbols to be allotted to other candidates who are not set up by any recognised religious party at elections and the conditions for allotment of symbols.
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