A Notice on Public Interest Litigation (PIL) has been released by the Delhi High Court seeking directions from the State Election Commission to delete the symbol from the ballot paper. This includes the Electronic Voting Machine (EVM) device during the municipal elections in the national capital.
The Complaint states that in the photographs of the candidate, the election symbols are not needed and the presence of a reserved election symbol is ultra-virus, the provisions of law enshrined in the Indian Constitution and the Delhi Municipal Corporation (DMC), Act 1957. The underlying reason for misconduct in the business is the existence of a designated election symbol.
On Friday, the Division Panel of Justice DN Patel and Justice Jasmeet Singh demanded a reply from all the parties in the case and scheduled the case for further hearings on 13 April.
More About PIL Regarding Election:
Alka Gehlot, the complainant, is a former contestant of the last municipal election held in 2017 who had previously approached the Delhi HC in 2019 and that complaint was disposed of by the bench with an order to the respondents (including the State Election Commission, Delhi). This is to investigate the claimant’s complaint.
Later, the State Election Commission (SEC) declined to approve the petitioner’s request without having heard the petitioner on the field.
“Further, the SEC refused to grant the prayer of the petitioner on the ground that there is no merit in it and the commission shall continue with the existing impugned provision of putting up election symbol on the ballot paper”. Plea read.
Advocate HS Gehlot supported and represented the applicant arguing that the 1957 DMC Act provides that the councilors be appointed by direct election on the basis of adult civil rights from separate wards that the business consists of. This is without consideration to political party candidates. As a result, the SEC should hold elections to nominate candidates rather than parties. The inclusion of a reserved symbol on the ballot paper is a direct breach of people’s fundamental rights and other constitutional protections.
The Plea stated that “Population of Delhi is growing exponentially in violation of NCR Planning Board Act, 1985 and the Municipal Government cannot escape responsibility as most of the corporators are indulged in property dealing or have nexus with them. As a result of unplanned growth Delhi has become one of the most polluted cities in the world”.