No Delhi HC relief for 2 BJP candidates

No Delhi HC relief for 2 BJP candidates
No Delhi HC relief for 2 BJP candidates

The Delhi High Court today denied relief to two BJP candidates whose nominations for the upcoming MCD polls were rejected by the state election commission.

A bench of Justices Sanjiv Khanna and Anu Malhotra dismissed BJP candidate Ravinder Negi’s appeal against a single judge’s order upholding rejection of his nomination.

Another bench of Justice V K Rao denied any interim relief to Pinki Kumari, nominated by the party.

Negi was to contest ward 10E of Vinod Nagar in east Delhi and his nomination was rejected on April 5 for lack of signature on his form declaring his age, gender and whether he was set up by a recognised political party.

Pinki, who wanted to contest a seat reserved for Scheduled Castes, was unable to do so as her nomination was rejected on the ground that her caste does not fall in the list of Scheduled Castes (SC) given in the Constitution.

Pinki, who was to contest ward 67S of Lado Sarai area in south Delhi, had claimed she was issued a SC certificate by the Delhi government in 2009.

Justice Rao, however, said she was not entitled to any interim relief since the final list of candidates has already been issued.

In Negi’s case, the division bench said a nomination paper which is unsigned by the candidate or the person proposing him/her, “can be rejected” under the Delhi Municipal Corporation (Election of Councillor) Rules of 2012.

( Source – PTI )

Delhi HC dismisses Swaraj India plea for common symbol

Delhi HC dismisses Swaraj India plea for common symbol
Delhi HC dismisses Swaraj India plea for common symbol

Yogendra Yadav-led Swaraj India’s plea for a common symbol in the upcoming MCD polls was today dismissed by the Delhi High Court.

The high court dismissed the party’s plea, saying since the electronic voting machines would now carry photographs of the candidates, it would not be put to any disadvantage if there was no common symbol.

As the plea was filed after several steps in the electoral process had started, it was “very late in the day for the court to interfere,” Justice Hima Kohli noted.

Earlier, on March 23, the High Court had asked the Delhi poll panel whether it intends to give a common symbol to political parties like Yogendra Yadav-led Swaraj India, which are registered but unrecognised.

The court had posed the query to the commission after senior advocate Shanti Bhushan, appearing for Swaraj India, submitted that a letter was sent to the Delhi government to consider amending the rules for allotment of common symbols to registered but unrecognised political parties.

Bhushan had made the submissions during arguments on a plea challenging the commissions’s decision not to allot a common symbol to Swaraj India to contest the upcoming MCD polls.

Swaraj India claimed that non-allotment of a common symbol to a registered party amounted to discrimination as the Aam Aadmi Party was granted such a relief when it had contested for the first time.

Swaraj India has sought quashing of the panel’s March 14, 2017 notification and an April 2016 order which said the nominees of such parties would be treated as independent candidates for allotment of symbols.

Swaraj India was floated in October last year by Yadav and advocate Prashant Bhushan, who were expelled from the AAP after they questioned Arvind Kejriwal’s leadership.

The party, registered by the Election Commission of India (ECI) in February 2017, has contended that the Delhi symbols order was “wholly illegal, arbitrary, capricious, unreasonable and selective, destroying the very fairness of the proposed electoral process itself”.

It has said that providing it a common symbol will create a level playing field among all the political parties, whether recognised or not, and ensure free and fair election.

It has also challenged the February 21, 2017 and March 7, 2017, orders of the poll panel declining the party’s request for a common symbol.

The party has contended that the panel rejected its request for a symbol despite a provision in the ECI rules to provide a common symbol to a registered but unrecognised political party like Swaraj India, which is set to make its election debut in the April 23 MCD polls.

The party said the ECI’s Election Symbols (Reservation and Allotment) (Amendment) Order allows newly registered political parties to have a common symbol for all their candidates for contesting their first election.

The party has claimed that states like Maharashtra, Andhra Pradesh, Haryana, West Bengal, Kerala, Sikkim and Tripura follow the rule.

( Source – PTI )

HC reserves verdict on pleas against MCD election

The Delhi High Court today reserved its verdict on pleas seeking quashing of the notification laying down the manner of allocation of wards for reserved categories and women in the upcoming MCD polls.

“Arguments heard. Judgement reserved,” a bench of Justices Sanjiv Khanna and Chander Shekhar

said.

Terming the petitions as “absurd”, the Delhi state election commission has told the court that there was “no unreasonableness” in the process of the allocation of the seats.

It argued that none of the political parties, who are the major stake holders in the present poll, has challenged their formula.

“It was so, because they were part of the consultation process, after which only we have taken the decision,” the commission, represented by advocate Sumeet Pushkarna, said.

It was responding to the pleas by NGOs and several social activists, who have sought quashing of the notification laying down the manner of allocation of wards for reserved categories and women in the upcoming MCD polls.

They have also challenged the commission’s February 6 notification, announcing the election for 272 wards of the three municipal corporations here.

The elections are scheduled to be held on April 22.

In its pleas, the NGOs have said that the Delhi Municipal Corporation (DMC) in 2011 was divided into three zone — North Delhi Municipal Corporation, East Delhi Municipal Corporation and South Delhi Municipal Corporation.

They said while the number of wards in each of the three corporations 104 each in South Delhi Municipal Corporation (SDMC) and North Delhi Municipal Corporation (NDMC) and 64 in East Delhi Municipal Corporation (EDMC) has remained the same, the number of wards in a few assembly segments has changed, ranging from three to seven.

Claiming that the present notification was contrary to the Constitution as well as Section 3 of the DMC Act, one of the pleas demanded that it should be quashed and a fresh circular issued in accordance with the law.

It has sought direction to identify and determine the municipal wards for the purpose of reservation for scheduled caste, women and general category in terms of Article 243 of the Constitution.

The Article provides for reservation of seats for the scheduled castes in the municipal area by rotation to different constituency in the municipality.

Source : PTI

Delhi HC seeks poll panel reply on pleas against MCD election

Delhi HC seeks poll panel reply on pleas against MCD election
Delhi HC seeks poll panel reply on pleas against MCD election

The Delhi High Court today sought reply of the poll panel on pleas seeking to quash the notification laying down the manner of allocation of wards for reserved categories and women in the upcoming MCD polls.

A bench of Justices Sanjiv Khanna and Chander Shekhar issued notice to the Delhi State Election Commission and directed them to file their affidavit explaining the manner in which they have allotted the seats for the reserved category.

The matter has now been fixed for further hearing on March 16, the next date of hearing.

The bench was hearing pleas filed by NGOs challenging the poll panel’s February 6 notification, announcing the election for 272 wards of the three municipal corporations here.

The election are scheduled to be held in April.

Many social activist have also approached the high court seeking stalling of the MCD polls, which was declined by the bench today.

In its pleas, the NGOs said the Delhi Municipal Corporation (DMC) in 2011 was divided into three zone — North Delhi Municipal Corporation, East Delhi Municipal Corporation and South Delhi Municipal Corporation.

The petitioners have sought quashing of the January 13 order with regard to delimitation of 272 wards with the composition of wards in each Assembly constituency.

It said while the number of wards in each of the three corporations 104 each in South Delhi Municipal Corporation (SDMC) and North Delhi Municipal Corporation (NDMC) and 64 in East Delhi Municipal Corporation (EDMC) has remained the same, the number of wards in a few assembly segments has changed, ranging from three to seven.

In 2012, ahead of the MCD elections, a notification was issued regarding allocation of wards amongst schedule caste, women and general category, the pleas stated.

Claiming that the present notification was contrary to the Constitution as well as Section 3 of the DMC Act, one of the plea demanded that it should be quashed and a fresh circular issued in accordance with the law.

It sought direction to identify and determine the municipal wards for the purpose of reservation for schedule caste, women and general category in terms of Article 243 of the Constitution.

The Article provides for reservation of seats for the schedule castes in the municipal area by rotation to different constituency in the municipality.

The pleas have alleged that the poll panel, government and others agencies have not made reservation to different constituencies in a municipality by rotation.

( Source – PTI )