New Delhi: Delhi High Court Punjab on Thursday rejected a petition filed by Lok Insaaf Party, an unrecognized state party, seeking quashing of an order of the Election Commission which had allotted it a ‘letter box’. election symbol Instead of your first preference,’Farmer A tractor’s ride’.
The court ruled that the petitioner has misled the court by submitting the old list of ‘free’ Sign‘ Among the ‘free symbols’ available was not updated, valid list instead ‘Farmer ride tractor’
The High Court also imposed an exemplary cost on the petitioner for “approaching it with unclean hands”.
Justice Prateek Jalan observed that the petitioner had suppressed material facts and tried to mislead the court by not disclosing the complete and true copy. GrowthNotification dated 23rd September.
Assembly elections in Punjab and four other states are due early next year.
The Lok Insaaf Party had argued before the HC that it had requested the Election Commission for a different symbol, i.e. “Tractor Chalta Kisan” as its first preference and this symbol should have been allotted to it.
The Election Commission had invited applications for the reservation of a common symbol under para 10B of the Election Symbols (Reservation and Allotment) Order, 1968 in connection with the upcoming Assembly elections and in so far as Punjab is concerned, and the applications or were to be filed thereafter. September 27.
The petitioner had filed a copy of his application on September 27.
Existing free symbols notified by ECI can be viewed on its website. The petitioner attached a copy of the notification issued by the ECI on 23rd September along with the writ petition, but as far as the clause containing an updated list of ‘free symbols’ is concerned, it has somehow replaced an old list from an EC notification of March attached. 11, 2021 (which listed ‘Kisan Sawari Tractor’) instead of 23 September 2021 (which did not have ‘Kisan Sawari Tractor’).
ECI’s learned counsel Rohini Prasad, appearing on the advance notice, said that the petitioner was guilty of suppression of material facts, as the said symbol was not an independent symbol.
He informed that Table IV of EC Notification dated 23rd September contains the list of free symbols available before the commencement of application under ECI notice dated 8th June so far as the State of Punjab is concerned.
He has handed over a copy of Table IV included in the notification dated 23 September, which shows that “Tractor Chalta Kisan” was not a free symbol till that date.
The petitioner’s counsel Brijballabh Tiwari submitted that the list of free symbols contained in Table IV was not available on the website of the Election Commission till September 23.
The court on Thursday said: “It appears that the petitioner has actually filed only a part of the notification dated 23.09. Such suppression in the petition cannot be countered. The petitioner has omitted the present Table IV, and has instead placed the record on Table IV on 11.03.2021. However, Mr. Tiwari maintains that such omission was unintentional I do not agree to accept this submission,” Justice Jalan ruled, imposing an exemplary cost of Rs 1 lakh on the Lok Insaaf Party.
The court ruled that the petitioner has misled the court by submitting the old list of ‘free’ Sign‘ Among the ‘free symbols’ available was not updated, valid list instead ‘Farmer ride tractor’
The High Court also imposed an exemplary cost on the petitioner for “approaching it with unclean hands”.
Justice Prateek Jalan observed that the petitioner had suppressed material facts and tried to mislead the court by not disclosing the complete and true copy. GrowthNotification dated 23rd September.
Assembly elections in Punjab and four other states are due early next year.
The Lok Insaaf Party had argued before the HC that it had requested the Election Commission for a different symbol, i.e. “Tractor Chalta Kisan” as its first preference and this symbol should have been allotted to it.
The Election Commission had invited applications for the reservation of a common symbol under para 10B of the Election Symbols (Reservation and Allotment) Order, 1968 in connection with the upcoming Assembly elections and in so far as Punjab is concerned, and the applications or were to be filed thereafter. September 27.
The petitioner had filed a copy of his application on September 27.
Existing free symbols notified by ECI can be viewed on its website. The petitioner attached a copy of the notification issued by the ECI on 23rd September along with the writ petition, but as far as the clause containing an updated list of ‘free symbols’ is concerned, it has somehow replaced an old list from an EC notification of March attached. 11, 2021 (which listed ‘Kisan Sawari Tractor’) instead of 23 September 2021 (which did not have ‘Kisan Sawari Tractor’).
ECI’s learned counsel Rohini Prasad, appearing on the advance notice, said that the petitioner was guilty of suppression of material facts, as the said symbol was not an independent symbol.
He informed that Table IV of EC Notification dated 23rd September contains the list of free symbols available before the commencement of application under ECI notice dated 8th June so far as the State of Punjab is concerned.
He has handed over a copy of Table IV included in the notification dated 23 September, which shows that “Tractor Chalta Kisan” was not a free symbol till that date.
The petitioner’s counsel Brijballabh Tiwari submitted that the list of free symbols contained in Table IV was not available on the website of the Election Commission till September 23.
The court on Thursday said: “It appears that the petitioner has actually filed only a part of the notification dated 23.09. Such suppression in the petition cannot be countered. The petitioner has omitted the present Table IV, and has instead placed the record on Table IV on 11.03.2021. However, Mr. Tiwari maintains that such omission was unintentional I do not agree to accept this submission,” Justice Jalan ruled, imposing an exemplary cost of Rs 1 lakh on the Lok Insaaf Party.
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