Delhi High Court rejected on Monday Swaraj India’s interim plea for common symbol to its candidates in MCD elections.
A bench of Justices Sanjiv Khanna and Chander Shekhar, however, said the issue of whether a common symbol be given to registered and unrecognised parties required elaborate hearing and elucidation before a decision is taken.
The court listed the matter for next hearing on July 19.
“Issue/grant of a common election symbol would require and mandate comments/objections from different stakeholders. The process and award of a common symbol is not an easy and simple exercise, for others could have objection and reservation on allotment from the free symbols.
“Independent candidates in nomination forms are required to specify three symbols which they have chosen in the order of preference. The last date of filing of nominations is April 3, 2017. In the given time-frame, any interim order/direction would virtually scuttle and cripple the election process set in motion…,” the bench said.
It said the principle of balance of convenience mandates that the poll as fixed by the authorities should be conducted smoothly without any obstruction and hindrance.
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”.
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 MCD polls.
Swaraj India had sought quashing of the panel’s March 14, 2017 notification and an April 2016 order which had said that 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 advocate Prashant Bhushan, who were expelled from Aam Aadmi Party (AAP) after they questioned Arvind Kejriwal’s leadership.
The Delhi High Court on 1 April had said it will issue an interim order on 3 April on Yogendra Yadav-led Swaraj India’s plea against a single judge’s verdict dismissing their petition for allotting a common symbol to its candidates in upcoming MCD polls.