HC reserves order on the issue of Janata Party election symbol

New Delhi, Sep 10 (UNI) Delhi High Court today reserved its order on the petition filed by Janata Party President Subramaniam Swamy challenging the Election Comission's decision to withdraw his election symbol of 'Chakra Haldar 'as it was allotted to his party which was a recognised one.

A division bench comprising Chief Justice M K Sharma and Justice Sanjiv Khanna after hearing the arguments of both the parties reserved their order.

Dr Swamy has filed a petition in the High Court stating that the symbol 'Chakra Haldar' was allotted to his party, Janata Party by the Election Comission in the year 1977 and was illegally suspended.

He contended that the symbols are allotted only to the recognised parties. The unrecognised parties neither gets a reserved symbol nor any other privileges. They have to choose free symbols at each election. Janata party was a recognised party from 1977 to 2000.

The Election Comission withdrew the symbol of the party and put it in the category of derecognised party in 2000.

Swamy contended that the party lost its symbol and the symbol was now free to be allotted to any party including local state party.

Swamy contended that his party was using the symbol for last 30 years. This makes the symbol nationally an identification of the party for the voters, an unifying insignia, like a trade mark. This fact differentiates Janata Party from other newly formed parties and his party cannot be treated as equals with the other parties which never had their symbol, Swamy contended.

Swamy being a lawyer argued the matter himself. Lawyer for the Election Commission said that the symbol of the Party was cancelled because it did not qualify the requisite conditions of a recognised party.

The State Election Commission of Tamil Nadu had also clarified earlier that it was not obligatory on their part to follow the Symbol Order of the Election Comission of India during their state elections, as it is only applicable for Parliamentary and Assembly elections conducted by them.

UNI