The Delhi poll panel today told the Delhi High Court that it has not "discriminated" against Yogendra Yadav-led Swaraj India by not alloting it a common symbol to contest the upcoming MCD elections.
"Around 27 registered but unrecognised political parties have also approached us for common symbol to contest this municipal election, but the same were not granted to them," the Delhi State Election Commission told the high court.
It submitted before Justice Hima Kohli that Swaraj India has no better case for preference to be shown.
"As we have rejected similar prayers of 27 other parties, which have urged for common symbol, t cannot be said that the petitioner (Swaraj India) was discriminated against," the poll panel's counsel Sumeet Pushkarna submitted.
"Anybody who is registered and unrecognised cannot be allowed to get a common symbol, even if they are contesting for all seats or for only one out of the three corporations here. It will open a pandora's box. Also, this cannot be allowed once the model code of conduct is in place," the poll panel said.
The Commission was responding to Swaraj India's claim that non-allotment of a common symbol to a registered party amounted to discrimination as AAP was granted such a relief when it had contested for the first time.
"It violates Article 14 (equality before law) of the Constitution of India," senior advocate Shanti Bhushan, appearing for the party submitted before the court.
Swaraj India, represented by advocate Prashant Bhushan too, has also sought quashing of the Delhi poll panel's March 14, 2017 notification and an April 2016 notification which said the nominees of such parties would be treated as independent candidates for allotment of symbols.
Swaraj India was floated in October last year by Yadav
and Prashant Bhushan, who were expelled from the Aam Aadmi Party (AAP) after they questioned Arvind Kejriwal's leadership.
The party, registered by the Election Commission of India (ECI) in February 2017, has contended that the Delhi Symbol order was "wholly illegal, arbitrary, capricious, unreasonable and selective, destroying the very fairness of the proposed electoral process itself".
Swaraj India has contended in its plea that providing it a common symbol will create a level playing field between all the parties, whether recognised or not, and ensure free and fair elections.
Swaraj India has also challenged the February 21, 2017 and March 7, 2017, orders of the poll panel declining the party's request for a common symbol.
The party has contended that the Delhi poll panel rejected its request for a symbol despite a provision in the ECI rules to provide a common symbol to a registered but unrecognised political party like Swaraj India, which is set to make its election debut in the April 22 MCD polls.
The party said that ECI's Election Symbols (Reservation and Allotment) (Amendment) Order allows newly registered political parties to have a common symbol for all their candidates for contesting their first election.
The party has claimed that states like Maharashtra, Andhra Pradesh, Haryana, West Bengal, Kerala, Sikkim and Tripura follow the rule.
