Swaraj India files appeal in HC against single judge order

Swaraj India today filed an appeal in the Delhi High Court against a single judge's decision dismissing its plea for a common symbol for its candidates contesting in the upcoming MCD polls.

The appeal for urgent hearing was mentioned today before a bench headed by Justice Indira Banerjee and A K Chawla, who allowed it to be listed for tomorrow.

The matter is listed for hearing tomorrow before a bench headed by Chief Justice G Rohini.

Swaraj India in its appeal has said that it had urged the Delhi State Election Commission and the single judge that a common symbol be allotted to registered unrecognised parties so that a level playing field is created in the elections.
 

It has said that the Election Commission of India has created a level playing field by allowing common symbols to be granted to registered unrecognised parties in the case of Assembly and Parliamentary elections.

The single judge on March 29 had rejected the party's plea for common symbol asking it to first "make a place for itself under the Sun" and "prove its mettle".

Justice Hima Kohli had rejected its claim that denial of a common symbol to it was a violation of its fundamental rights under the Constitution, and had said that "the right to elect and be elected is a statutory right and not a fundamental or common law right".

The judge had said that the party, which was formed last year and registered in February this year, was not entitled as a matter of right to claim exclusive allotment of a common symbol for the benefit of its candidates for the MCD polls.

"Instead, its candidates are required to choose from one of the free symbols notified by the State Election Commission (SEC)," the court had said and added that in view of this legal position the party "cannot raise a grievance it was being discriminated against".

The single judge had also said that Swaraj India had approached the court once the election process was "well under way" and therefore, it was "too late in the day" to grant the relief sought by the party.

The single judge's verdict had come on the party's plea challenging the Delhi poll panel's decision not to allot a common symbol to it to contest the upcoming MCD polls.

Swaraj India had also sought quashing of the panel's March 14, 2017 notification and an April 2016 order which had 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 Yogendra Yadav and advocate Prashant Bhushan, who were expelled from the AAP after they questioned Arvind Kejriwal's leadership.