Delhi High Court upholds EC’s power to recognise national or state-level political parties
New Delhi: The Delhi High Court dismissed a petition questioning the Election Commission of India’s authority to recognise political parties as national or state-level entities on Friday, reaffirming the validity of the Election Symbols (Reservation and Allotment) Order, 1968.
According to a report published by The Hindu, the Bench comprising Justices Nitin Sambre and Anish Dayal held that the issues raised in the plea had already been settled by the Supreme Court and found no grounds to declare the Symbols Order either ultra vires or discriminatory. The court said the legal framework governing the recognition of political parties was backed by statutory provisions and long-standing judicial interpretation.
The petition was filed by the Hind Samrajya Party, a registered political party. It argued that the Election Commission lacked the power to classify parties as national or state-level. It also contended that recognised parties were granted election symbols well in advance, while newly registered parties received symbols only after the scrutiny stage, leaving them with limited time to campaign.
The High Court noted that the Supreme Court had already ruled that the allotment of election symbols could not be claimed as a fundamental right, rejecting these arguments. The Bench observed that differential treatment between recognised and unrecognised parties flowed from objective criteria laid down under the Symbols Order and the Representation of the People Act, 1951.
The court said the inability of the petitioner, described as a Uttar Pradesh-based political party, to access privileges available to recognised parties did not amount to discrimination, while clarifying that such privileges were granted only after parties met prescribed qualifications under the law. The court concluded that the recognition process and symbol allotment mechanism followed by the Election Commission were legally sound and constitutionally valid.
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Bypolls: K'taka Cong Minority Abdul Jabbar chief resigns amid allegations of 'internal conspiracy'
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Bengaluru (PTI): Karnataka Congress Minority Department President K Abdul Jabbar announced his resignation from the post on Saturday, a day after a group of Muslim leaders accused members of their own party of "conspiring" to defeat the official candidate in Davanagere South.
Jabbar, an MLC, was an aspirant for the Congress ticket from the Davanagere South Assembly segment.
"It has been an honor for me to serve as Chairman of the KPCC Minority department and have worked to the best of my ability during assembly elections 2023 and followed by Parliament polls and many such occasions whenever the party needed the minority department and showed results. I have toured the entire state of Karnataka and worked to align the minorities with Congress values and principles. Most of it is available in the public domain," Jabbar has said in a letter to the party.
"Minority voters and minority office bearers are the backbone of our great Congress party and certainly deserve better," he said.
Deputy Chief Minister D K Shivakumar, who is also the Karnataka Pradesh Congress Committee President, confirmed Jabbar's resignation.
"I won't speak about this now, I have got some reports. The Minority President has submitted his resignation. I will verify things, I will seek a report from local leaders after that I will speak," he told reporters in response to a question on internal conspiracy.
A rift within the Karnataka Congress surfaced on Friday, a day after the bypolls to two Assembly constituencies in the state, as a group of Muslim leaders alleged a "conspiracy" by some of their own senior party leaders to defeat the official candidate in Davanagere South.
However, they asserted that despite efforts by some within to project that Congress "betrayed" Muslims, the party candidate Samarth Mallikarjun will win in Davanagere South, the constituency where the community has a significant presence.
They said the party finally named Samarth Mallikarjun as the candidate after considering all factors and taking all Muslim leaders into confidence. Despite this, a massive campaign, including from some within the party, projected the Congress as having "betrayed" the minorities by denying them tickets.
Chief Whip in the Legislative Council Saleem Ahmed, MLAs Rizwan Arshad, Yasir Ahmed Khan Pathan, MLC Bilkis Bano, and other Congress leaders addressed a joint press conference on Friday, claiming an "internal conspiracy".
According to party sources, these Muslim leaders have also complained to AICC and state party leadership, alleging "internal sabotage" in Davanagere South.
Though the leaders did not name anyone, several party sources said their attack was directed at State Housing Minister B Z Zameer Ahmed Khan and Jabbar among others.
Khan, who had openly demanded the Davanagere South ticket for a Muslim candidate, initially stayed away from campaigning in the constituency, citing his Kerala poll responsibilities.
However, he addressed a press meet with Samarth's father and Minister SS Mallikarjun at the request of Chief Minister Siddaramaiah.
Jabbar too had not actively participated in the campaigning, despite hailing from Davanagere.
Bypolls for Davanagere South were held along with Bagalkot on Thursday. The election was necessitated following the death of sitting MLAs Shamanur Shivashankarappa and H Y Meti respectively. Samarth is the grandson of Shivashankarappa.
Muslim disgruntlement appears to be a concern for the Congress in Davanagere South. With 14 of the 25 candidates in the fray belonging to the community, there are apprehensions within the party about a split in votes, which could benefit the BJP.
Given its significant presence in the constituency, the Muslim community strongly demanded the Congress ticket for Davanagere South. Some party factions had opposed giving the ticket to the Shamanur family.
Although the Congress was successful in persuading rebel candidate Sadiq Pailwan to withdraw from the contest, he remained in the fray as the move came after the deadline for withdrawal of nominations.
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