New Delhi: The Supreme Court has requested a response from the Election Commission following a plea by Naam Tamilar Katchi, a Tamil Nadu-based unrecognised political party. They challenge the allocation of free symbols to such parties on a first come, first served (FCFS) basis.
A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra also issued a notice to another unrecognised political party that was granted the poll symbol on which Naam Tamilar Katchi (NTK) had contested elections in the past.
The high court had on March 1 dismissed the NTK’s petition challenging the allotment of free symbols by the poll panel to unrecognised political parties on first come, first served basis.
The petitioner was aggrieved by the allotment of free symbol ‘ganna kisan’ (sugarcane farmer) to another political party in Tamil Nadu and Puducherry for the upcoming Lok Sabha elections.
While issuing the notice on the petition, the CJI said the appeal will be taken up for hearing after the Holi vacation.
The top court said it will examine the scheme of Paragraph 10B (B) of the Election Symbols Order which deals with grant of free symbols to parties and candidates on FCFS basis. The NTK has assailed the EC’s policy for being “unconstitutional”.
The petitioner party said all applications filed within the valid window period for allotment of a free symbol should be considered by the Election Commission at the same footing and therefore the ‘ganna kisan’ symbol should be allotted to it as it has fought six elections since 2019 on that.
“This Court is of the view that if the plea of the Petitioner Party is accepted, the same will operate against the essence of ‘free symbols’, as it will take away the rights and benefits granted to the unrecognised political parties to contest the elections with a free and common symbol.”
The high court observed that the application deadline was well-publicized in advance. Despite the petitioner applying for the symbol on February 9, the successful party applied on the first day.