The Hindu : New Delhi News : HC notices on poll symbol allotment

Online edition of India's National Newspaper
Wednesday, Apr 14, 2004

New Delhi

New Delhi

HC notices on poll symbol allotment

By Our Staff Reporter

NEW DELHI, APRIL 13. The Delhi High Court today issued notices to the Union Government, the Election Commission and the chief of the Kerala Congress (Joseph) on a petition by Eapen Vergheese, president of the other faction of the Kerala Congress, challenging an order of the Deputy Election Commissioner allotting the election symbol of the parent party `bicycle' to the Joseph faction.

Mr. Vergheese, through his counsel, Romy Chacko, also challenged Section 19 (a) of the Representation of the People Act, 1951, providing for delegation of the powers of the Election Commission to the Deputy Election Commissioner saying that it was ultra vires of the Constitution.

A Division Bench comprising Justice B.C. Patel and Justice B.D. Ahmed asked the respondents to file their respective replies to the two petitions by April 20.

In the petition challenging the order of the Deputy Election Commission, the petitioner submitted that his order was violative of para (6) (B) of the Election Symbol Order because a political party must have two members in the Assembly to be recognised as a regional political party as well as for allotment an election symbol in a case of a split.

He further submitted that the fact was that each faction of the party had one MLA in the Kerala Assembly.

As regards Section 19 (a) of the Representation of the People Act, which was written into the statute in 1966, Mr. Chacko said that the powers of the Election Commission could only be exercised by the Constitutional functionaries, the Chief Election Commissioner or the Election Commissioners as Constitutional or judicial functions could be exercised by only such functionaries.

Since the Section concerned delegated powers of the Election Commission to the Deputy Election Commissioner, the same was ultra vires of the Constitution, therefore, it should be quashed, Mr. Chacko submitted.

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