Delhi High Court Upholds Election Symbols Order, Validates EC's Authority

The Delhi High Court dismissed a petition challenging the Election Symbols Order, 1968, affirming the Election Commission's authority to regulate political party recognition and symbol allotment, as per constitutional provisions. The court emphasized that privileges for recognized parties are based on objective criteria and do not violate legal rights.

In a significant ruling, the Delhi High Court on Friday upheld the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968. The court affirmed that the Election Commission of India holds plenary powers to govern the recognition of political parties and the allocation of symbols during elections.

A Division Bench, comprising Justice Nitin Wasudeo Sambre and Justice Anish Dayal, rebuffed a plea from the Hind Samrajya Party seeking to nullify parts of the Symbols Order. The court maintained that the order serves as a crucial framework guaranteeing free and fair elections, deriving authority from Article 324 of the Constitution.

The Bench noted that the provisions facilitating recognized political parties with privileges like reserved symbols are rooted in objective performance metrics. It concluded that these measures do not constitute discriminatory practices against newly registered or unrecognized parties. Consequently, the petition was dismissed, reaffirming established precedents.