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Synopsis

The Delhi High Court, through a judgment delivered by Justice Sachin Datta, dismissed an appeal seeking the allotment of the "POT" symbol for the 2024 General Elections. This decision was based on the rejection of the petitioner's application by the Election Commission of India (ECI) in a letter dated March 27, 2024.

The petitioner, Viduthalai Chiruthaigal Katchi, represented by Senior Advocates Rajiv Nayyar and Dayan Krishnan, had challenged the rejection of their application by the ECI, arguing that they were entitled to the "POT" symbol for the upcoming elections. They contended that the concession under para 10B(B) of the Election Symbols (Reservation and Allotment) Order, 1968, should be available to them on every occasion they decide to field candidates in states where they had not previously contested.

The Election Commission of India (respondents), represented by Standing Counsel Ankit Agarwal, countered the petitioner's arguments by highlighting several instances where the petitioner had previously availed the concession but failed to meet the eligibility criteria for further concessions. They argued that the petitioner had already availed the concession on two previous occasions and had not fulfilled the eligibility conditions for further concessions.

Additionally, the ECI argued that the petitioner has omitted to mention that they were assigned a common symbol under para 10B of the Election Symbols (Reservation and Allotment) Order, 1968 for the 2016 State Election of Tamil Nadu and Puducherry.

Furthermore, it was brought to the court’s attention that although the petitioner was granted a "POT" symbol for the 2000 House of People Elections in the State of Tamil Nadu and Puducherry, they failed to nominate two candidates and only contested from one seat, specifically the Chidambaram constituency, thus not fulfilling the requirement outlined in sub-clause (i) of para 10B (B) of the Election Symbols (Reservation and Allotment) Order, 1968.

Moreover, it was highlighted that the petitioner neglected to mention that they were provided with a common symbol, namely "stool," in 2019 for the House of People Elections in the State of Andhra Pradesh and for the 2019 Elections to the State Legislature of Andhra Pradesh.

The court was also apprised that the current petition failed to disclose that the petitioner's request for the allocation of a "ring" symbol during the 2014 Election to the House of People was denied by the respondent on April 5, 2014.

The court examined the relevant provisions of the Election Symbols (Reservation and Allotment) Order, 1968, and refuted the notion that the dispensation or concession under para 10B (B) of the said Order, operates on a state-wise basis, as suggested by the petitioner. Instead, it is available for any two successive elections to the House of People or State Legislative Assembly, subject to fulfilling the eligibility criteria.

The court held that the petitioner's argument, suggesting the concession could be used whenever they decided to field candidates in states where they hadn't previously contested, regardless of past concession avails in different states during Lok Sabha or Legislative Assembly Elections, was disagreed with. The interpretation contradicted para 10B's introductory language, primarily focusing on granting concessions for "House of People" elections, without establishing any state-wise dispensation.

Additionally, the court noted that the petitioner had previously applied for similar concessions, which were rejected by the Election Commission of India. Therefore, the court found no merit in the petitioner's arguments.

Consequently, the court said, “since the election process for the upcoming election for the year 2024 has already been set in motion, it is too late in the day to interfere with the same and the remedy of the petitioner lies under Section 100 of the Representation of the People Act, 1951,” while dismissing the petition.

The ECI was also represented by Advocates Ashish Shukla and Atul Raj. While Advocates Rishi Agrawala, Devika Mohan, Ankit Banati, Parminder Singh, Prabhav Bahuguna, Abhay Agnihotri and Harsh Mittal also appeared for the petitioner.

 

Cause Title: Viduthalai Chiruthaigal Katchi vs Election Commission of India [W.P.(C) 4666/2024]