Aastha Thakur
Published on: 26 September 2022 at 21:57 IST
On Monday, the Supreme Court rejected a petition that sought a ruling prohibiting political parties from using the electoral symbol that were assigned to them as party symbols outside of election season.
Observing that the requested relief was “disruptive of the electoral process,” a bench made up of Justices Sanjay Kishan Kaul and AS Oka fined the petitioner Rs 25,000 for “total wastage of judicial time.“
Election emblems are given to competing candidates, not political parties, according to the petitioner’s position. The suit had already been rejected by the Allahabad High Court.
The petitioner Advocate Shraddha Tripathi submits that the law states that the symbols are allotted to the contesting candidates only. The plea seeks to bar political party under the law to use election symbol.
Justice Kaul dismissed the lawyer’s submission and stated that:
“If they are not using election symbols then how will they contest… what are you saying.” “Sorry… absolutely sorry… We are very clear that the impugned order reflects the correct position in law…Litigation cannot be a hobby even for a lawyer.”
The petitioner further submits that the law prescribed by the legislation states use of the election symbol only at the time of election.
According to the counsel election commission has given the statement that they are allotting symbols to the political parties whereas the law says the allotment will happen only to the contesting candidate.
Further it is stated by the commission that under statutory provisions they possess no power of allotment. It is vested with returning officer, yet it’s been seen that Election Commission is allotting symbol.
She is questioning the authority under which Election Commission is giving the symbol to the political party.
The plea states that the matter is of Public Interest and needed Court intervention.
“According to law, the symbols are allotted at election all the candidates are treated similarly, there is no discrimination, all the candidates get the symbol at the same time and they have the same time for display….”
“whereas in abuse of law election commission has allotted the same symbol where there is no law that allows authority like election commission to permit and allot symbol to political party…Some citizens without any allotment are using the symbol whereas it says exclusive allotment to the contesting candidate.”
Nevertheless, the Bench was not satisfied with the arguments and dismissed the plea adding that, “the petition is completely misleading of the provisions and is in fact disruptive of the election process…..we feel this is a complete wastage of judicial time.”