Symbol allotment to political party not fundamental right: HC

Published - February 29, 2024 02:49 am IST - HYDERABAD

The Telangana High Court on Wednesday declined to grant relief in a writ petition filed by a political party seeking a direction for allotment of a common symbol to its candidates.

A bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, disposing of the writ petition filed by Telangana Yuva Shakti Party, observed that the right to secure a common symbol was not a fundamental right guaranteed by the Constitution of India. The petition was filed by the party president B. Ram Mohan Reddy, an advocate, who moved the HC seeking an instruction to the Election Commission of India to allot common symbol to candidates of his party contesting the ensuing elections.

“The right to contest election or to get recognition as a political party or for allotment of a common symbol is not a fundamental right,” the bench said. Such right was not permitted from the provisions of a statute in exercise of powers conferred under Article 324 read with Section 29A of the Representation of the People’s Act read with rule 5 and 10 of conduct of election rules-1961, it said.

Earlier, the ECI had declined to allot common symbol to the party through an order dated October 20, 2023.

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