"Disruptive Of Election Process" : Supreme Court Dismisses Plea Seeking To Restrain Political Parties From Using Symbols After Polls

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26 Sept 2022 1:04 PM IST

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Disruptive Of Election Process : Supreme Court Dismisses Plea Seeking To Restrain Political Parties From Using Symbols After Polls

The Supreme Court on Monday dismissed a petition which sought a direction that political parties cannot use election symbols allotted to them as party symbols beyond the period of elections.A bench comprising Justices Sanjay Kishan Kaul and AS Oka observed that the relief claimed was "disruptive of the election process" and imposed a cosy of Rs 25,000 on the petitioner for "complete wastage...

The Supreme Court on Monday dismissed a petition which sought a direction that political parties cannot use election symbols allotted to them as party symbols beyond the period of elections.

A bench comprising Justices Sanjay Kishan Kaul and AS Oka observed that the relief claimed was "disruptive of the election process" and imposed a cosy of Rs 25,000 on the petitioner for "complete wastage of judicial time".

The petitioner's argument was that election symbols are allotted to contesting candidates and not to political parties. Earlier, the Allahabad High Court had dismissed the matter.

The petitioner Advocate Shraddha Tripathi submitted that, "The law says that the symbols are allotted to the contesting candidates….I am wanting that the recognised political party are barred under the law to use election symbol."

Not accepting the lawyer's submission, Justice Kaul said, "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 continued, "The law has prescribed a period for the use of the election symbol which happens only at the election." She added, "There is an admission from the Election Commission that they are allotting symbols to the political parties whereas the law says the allotment will happen only to the contesting candidate….The Election Commission under the law does not possess the power of allotment, the power of allotment resides with the returning officer and yet there is an admission from the Election Commission that they are allotting the symbol. The power is not vested with the Election Commission."

She also raised a question that, "The law clearly states that the symbols are to be allotted at the election, and by the returning officer and to the contesting candidate, what authority does the Election Commission possess to give the symbol to the political party and this is creating a problem also"

She had also tried to point out that the matter is a Public Interest Litigation and stated that, "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."

However the bench was not persuaded and dismissed the matter saying "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"

Case Title : Shraddha Tripathi vs Election Commission of India and Ors. - SLP(C) No. 10483/2021

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"Disruptive Of Election Process" : Supreme Court Dismisses Plea Seeking To Restrain Political Parties From Using Symbols After Polls

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