SEC clarifies stand on Swaraj symbol

The Delhi poll panel told the Delhi high court on Wednesday that it has not “discriminated” against Yogendra Yadav-led Swaraj India by not allotting it a common symbol to contest the upcoming municipal elections.

“Around 27 registered but unrecognised political parties have also approached us for common symbol to contest this municipal elections, but the same were not granted to them,” the Delhi State Election Commission told the high court.

It submitted before Justice Hima Kohli that Swaraj India has no better case for preference to be shown.

“As we have rejected similar prayers of 27 other parties, which have urged for common symbol, t cannot be said that the petitioner (Swaraj India) was discriminated against,” the poll panel’s counsel Sumeet Pushkarna submitted.

“Anybody who is registered and unrecognised cannot be allowed to get a common symbol, even if they are contesting for all seats or for only one out of the three corporations here. It will open a Pandora’s box. Also, this cannot be allowed once the model code of conduct is in place,” the poll panel said.

The commission was responding to Swaraj India’s claim that non-allotment of a common symbol to a registered party amounted to discrimination as the AAP was granted such a relief when it had contested for the first time.

“It violates Article 14 (equality before law) of the Constitution of India,” senior advocate Shanti Bhushan, appearing for the party submitted before the court.

Swaraj India, represented by advocate Prashant Bhushan, too, has also sought quashing of the Delhi poll panel’s March 14, 2017, notification and an April 2016 notification which said the nominees of such parties would be treated as independent candidates for allotment of symbols. Swaraj India was floated in October last year.