SC notice to EC on symbol for Swamy
The Supreme Court on Monday issued notice to the Election Commission on the plea of Janata Party president Subramanian Swamy seeking restoration of the ‘Chakra Haldhar’ election symbol to his party.
By TNN |
NEW DELHI: The Supreme Court on Monday issued notice to the Election Commission on the plea of Janata Party president Subramanian Swamy seeking restoration of the ���Chakra Haldhar��� election symbol to his party.
A bench comprising Justice Ashok Bhan and Justice Dalveer Bhandari sought reply from the Commission on Swamy���s petition challenging Delhi High Court order holding that the political party cannot claim an exclusive right over an election symbol.
���A symbol cannot be identified with a Trade Mark of a political party���, high court had said in its October 4 , 2007 order.
The Election Commission through its September 27, 2000, order had disallowed Janata Party to exclusively use the election symbol of ���Chakra Halder��� after it lost its status as a national party due to its poor performance in the General Elections held in 1996.
Swamy said that his party, recognised as a national political party for 20 years with a reserved symbol ���Chakra Haldhar,��� cannot be deprived of its right to exclusively use the symbol only because of poor performance in one general elections.
The petition submitted that the Election Commission order fails to address the genuine problem of parties like Janata Party which, despite a long tenure of political activity, have lost their status as recognised party.
He said there was no reasonable reason or public interest that enables the Election Commission to deny such a party its reserved election symbol even if it was derecognised nor can it offer the symbol to contestants not connected to party in any way.
The petition said giving away the symbol to any other party or individual will mislead genuine supporters of the party who are accustomed to associate it with the symbol.
The high court had dismissed Swamy���s petition observing that the ���symbol system is a creation of Election Commission (EC) of India and no political party has absolute right to have a symbol of its own choice.���
It had upheld the decision of the Election Commission saying that Janata Party had lost its status as a national party due to its inability to get the minimum percentage of votes and seats in general election.
The EC had said that the party was given six years till September 2006 to meet the requirements that get a party the status of recognised party but despite the benefit period it failed to fulfil the condition.
A bench comprising Justice Ashok Bhan and Justice Dalveer Bhandari sought reply from the Commission on Swamy���s petition challenging Delhi High Court order holding that the political party cannot claim an exclusive right over an election symbol.
���A symbol cannot be identified with a Trade Mark of a political party���, high court had said in its October 4 , 2007 order.
The Election Commission through its September 27, 2000, order had disallowed Janata Party to exclusively use the election symbol of ���Chakra Halder��� after it lost its status as a national party due to its poor performance in the General Elections held in 1996.
Swamy said that his party, recognised as a national political party for 20 years with a reserved symbol ���Chakra Haldhar,��� cannot be deprived of its right to exclusively use the symbol only because of poor performance in one general elections.
The petition submitted that the Election Commission order fails to address the genuine problem of parties like Janata Party which, despite a long tenure of political activity, have lost their status as recognised party.
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He said there was no reasonable reason or public interest that enables the Election Commission to deny such a party its reserved election symbol even if it was derecognised nor can it offer the symbol to contestants not connected to party in any way.
The petition said giving away the symbol to any other party or individual will mislead genuine supporters of the party who are accustomed to associate it with the symbol.
The high court had dismissed Swamy���s petition observing that the ���symbol system is a creation of Election Commission (EC) of India and no political party has absolute right to have a symbol of its own choice.���
It had upheld the decision of the Election Commission saying that Janata Party had lost its status as a national party due to its inability to get the minimum percentage of votes and seats in general election.
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The EC had said that the party was given six years till September 2006 to meet the requirements that get a party the status of recognised party but despite the benefit period it failed to fulfil the condition.
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