Delhi High Court rejects plea against recognition of political parties as national, state-level parties

New Delhi: The Delhi High Court on Friday dismissed a petition challenging the recognition of political parties as national or state-level parties by the Election Commission.

"(The issue) is covered by the earlier judgments of the apex court. We have dismissed the petition," said a bench of Justices Nitin W Sambre and Anish Dayal.

A detailed copy of the judgment is awaited.


The petitioner, the Hind Samrajya Party, challenged the validity of the Election Symbols (Reservation and Allotment) Order, 1968, for classifying political parties as either national parties or state parties.

The petitioner, a registered political party, argued that the Election Commission was not empowered to confer national or state-level recognition on a political party.

It said the criterion laid down in the Symbols Order in paragraphs 6A, 6B and 6C to award such a status was unreasonable and without any basis.

The petitioner further said it was facing discrimination at every stage of elections as the existing political parties, which had been illegally recognised as national or state-level political parties, enjoyed special rights and facilities.

It asserted that national/state-level political parties were allotted election symbols for campaigning much before the polls whereas the candidates of a "newly born political party" would get a symbol only after the date of scrutiny, leaving it with a very short span of time.

It argued that there could be no discrimination between registered political parties as the concept of national or state-level political party was alien to the provisions of the Constitution, democracy and rule of law.

"The provisions contained in para 6A, B and C recognising the National and State Political parties are alien to the theme of the Representation of People Act as well as against the concept of free and fair election, one of the basic features of the Constitution of India," the plea said.