HC rejects Swaraj India’s plea for common poll symbol

Photos of candidates on ballot paper, EVMs will help voters identify who they want to vote for

The Delhi High Court on Wednesday dismissed the petition of Yogendra Yadav-led Swaraj India for a common symbol in the upcoming municipal polls. The court observed that provisions to display photographs of the candidates on ballot paper and Electronic Voting Machines (EVM) for the first time in the elections next month would help voters identify the candidate they want to vote for.

“In their quest for perfecting the franchise system in the country and discharging the onerous duty cast on them by the Constitution and the enabling provisions, the Election Commission of India (ECI) and the State ECs have been inventing and reinventing themselves and coming up with new measures to make the process as transparent as is possible. It is in furtherance to discharging the said duty that the respondent No.1/SEC has for the first time decided that photographs of candidates shall appear on the ballot papers and EVMs in the ensuing MCD elections. This shall be of great assistance to voters who can easily identify the candidate in whose favour they propose to cast the vote,” said the court.

‘No disadvantage’

“The petitioner cannot claim that it is being put to a disadvantage vis-à-vis candidates nominated by registered recognised political parties. Even without a common symbol their candidates can be identified from their photographs featuring on the ballot papers/EVMs. Some practical difficulties were expressed on behalf of the respondent No.1/SEC relating to providing adequate number of EVMs at every polling booth and other logistics, which would have arisen if the petition would have been allowed. That not being the position, the court declines to delve into the above aspect,” said Justice Kohli.

The High Court also agreed with the submission made by the State Election Commission that every delay is significant when it comes to approaching the Court with a grievance related to conduct of elections.

‘Too late to interfere’

It also noted that it was very late in the day to interfere in the election process, which is no longer imminent, but well underway.

Swaraj India, meanwhile, claimed that non-allotment of a common symbol to a registered party amounted to discrimination as the Aam Aadmi Party (AAP) was granted such a relief when it had contested for the first time.

It had sought quashing of a March 14, 2017, notification and an April 2016 order, which said that nominees of such parties would be treated as independent candidates for allotment of symbols.

Swaraj India was floated last year by Mr. Yadav and advocate Prashant Bhushan, who were expelled from the AAP. The party, registered in February 2017, has contended that the Delhi Symbols order was “illegal, arbitrary, capricious, unreasonable and selective, destroying the very fairness of the proposed electoral process itself”.

It said that providing it a common symbol would create a level playing field among all parties, whether recognised or not, and ensure free and fair elections. It also challenged the February 21, 2017, and March 7, 2017, orders of the poll panel declining the party’s request for a common symbol.