Thursday, March 26, 2009

Prajarajyam gets hope for symbol


By S A Ishaqui

Hyderabad, March 25 : The AP High Court on Wednesday directed the Election Commission to consider applications of registered political parties seeking common free symbols in the coming polls.
A division bench comprising Justice V. Eswaraiah and Justice P.V.Sanjay Kumar gave the directive while quashing the order passed by the EC rejecting the plea by Lok Satta for a common symbol.
The HC order revives the hopes of the Praja Rajyam to get a common symbol.

However, sources in the EC told this correspondent that it will challenge this order before the apex court. They said that Article 329 bars the courts from intervening in the election process once the notification was issued.Allotment of a common free symbol to any party at this stage is an integralpart of the election process.

While directing the commission to take up the exercise for allotment of free symbols to all the registred\unrecognised political parties, the court rejected the contention of the EC that Para 12 of the Symbol Allotment Order 1968 is coming in their way for the allotment of common symbol.

The court said Article 324 of the Constitution and Para 12 of the Symbol Order would give power to the EC to consider the cases , which are not covered under the Symbol Order 1968.

The judges said " we disagree with the contention of the EC that the prayer of the registered\unrecognised parties can be considered at the time of scrutiny of the nomination. we rejected the contention".

The bench of the opinion that it would be appropriate for the EC take up the exercise at state level by putting on notice to all the registered \unrecognisedpolitical parties for allotment of common symbol.

The court observed that it would help in conducting elections in a free and fair manner.While directing the EC to consider the application of the petitioner to allot acommon symbol afresh , the court also disagreed with the contention of the EC that it did not have a power to allot a common symbol.
Meanwhile Chief Electoral Officer Dr IV Subba Rao said he was orallyinformed by the advocate that the High Court wanted the EC to invite the representation from the registered parties and considered their application for free symbol.
"I Informed the Chief Election Commissioner about the development , It is for the EC to take a decision. He refused to comment on whether the courts can interfere in the election process once the notification was issued".

1 comment:

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