The Delhi High Court today sought the response of the Election Commission and the Delhi Election Commission on a plea by Aapki Apni Party (Peoples) concerning candidates for the upcoming municipal body elections in Delhi.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice in the petition which claimed that when the Election Commission published a list of contestants for different wards, it showed candidates selected by the petitioner party as "independent" instead of its nominee or member.
The plea argued that the action of authorities in not declaring the name of the petitioner along with its chosen members of the election was arbitrary, discriminatory and infringed its fundamental rights.
While the petitioner, represented by its counsel, said that it was "not here for stay of process", election Commission lawyer Sidhant Kumar said that the petition was not maintainable.
In its petition filed through lawyer Daleep Dhyani, the petitioner said it is a "national party duly having registration in its favour from the Election Commission of India" and challenged rule 4(d) of the Municipal Corporation of Delhi Election symbol (Reservation and Allotment) Order, 2022.
The rule states that candidates belonging to unrecognized parties registered by Election Commission of India shall be treated as independent candidates.
"The entire actions of the Respondents in proceeding with the election process is a mala fide action as the names of the candidates nominated by the petitioner are not shown along with the party name and thus, this hon'ble court has jurisdiction to decide the present case by directing the respondents to include the names of the Petitioner along with the name of the candidates," the petition said.
"Otherwise also the candidates nominated by the petitioner will not be recognized so also the petitioner's recognition will also be not known in the general public, if the candidates selected/nominated by the petitioner are shown as independent candidates in the list of candidates prepared for the MCD election of 2022," it stated.
The plea further said that the respondents erred in appreciating that the candidates have been allocated the symbol of the petitioner's party and not mentioning the name of the party may harm and prejudice the candidates.
The matter would be heard next in April.
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