Delhi High Court Orders ECI To Allot Common Symbol To Akhil Bharatiya Jan Sangh To Contest Bihar Assembly Polls

The Delhi High Court on Thursday directed the Election Commission of India (ECI) to allot a common symbol to Akhil Bharatiya Jan Sangh (ABJS) to contest the upcoming Bihar Assembly Polls.

Justice Mini Pushkarna directed the party to submit an application to the ECI for allotment of common symbol as mandated under the Election Symbols (Reservation and Allotment) Order.

“…it is directed that the petitioner shall submit the requisite application in terms of the requirement of the Election Commission. Subject to the petitioner complying with the said direction, it is directed that a common symbol shall be alloted forthwith to the petitioner in order to allow the petitioner to contest the State Assembly Election of Bihar which has already been announced,” the Court said.

The judge allowed the party's plea seeking a direction on ECI to consider the party's application dated August 25 and to allot it a common election symbol for the Bihar Assembly Elections under the banner of Akhil Bharatiya Jan Sangh.

The counsel appearing for the party submitted that the name of Akhil Bharatiya Jan Sangh was duly registered by the ECI vide its letter dated October 20, 1989. It was contended that the ECI refused to allot common election symbol for Bihar elections citing internal dispute in the party.

It was contended that the dispute which was raised by an individual namely Sameer Singh Chandel was no longer material as he was expelled from the party in 2019 and thus, he has no concern with the affairs of the party following his expulsion.

The counsel drew Court's attention to a letter written by ABJS to ECI wherein prayer was made to allot a symbol for contesting the Andhra Pradesh Assembly polls. Thereafter, an election symbol of 'sitar' was allotted to the party.

The counsel also referred to a letter issued by the party on March 25 stating details about its new officer bearers and names of the executives.

On the other hand, ECI counsel referred to various letters issued in 2019, 2020 and 2021 to submit that they were received from Chandel, who claimed to be the national president of the party, and various other members of the said faction allegedly headed by Chandel.

Thus, it was contended that in view of the internal disputes of the party, the election symbol could not be granted to ABJS.

The Court allowed the plea keeping in view the fact that the party was allowed by ECI to contest the Andhra Pradesh Assembly Elections and was also allotted a common symbol for the same.

“Though it is the contention for the counsel appearing for respondent ECI that an internal inquiry was initiated as to how the symbol was allotted to the petitioner, the said fact would have no bearing on the present writ petition,” the Court said.

Title: Akhil Bharatiya Jan Sangh v. ECI