New Delhi
The Delhi High Court recently confirmed that political parties recognized by the State Election Commission (SEC) have the right to compete in municipal elections, rejecting a challenge against the current election rules. The Division Bench, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, stated that Article 243ZA or 243R of the Constitution does not forbid recognized political parties from joining these elections.
This decision came after Lokesh Kumar, an Independent candidate in the 2022 Municipal Corporation of Delhi (MCD) elections, filed a Public Interest Litigation (PIL), arguing that the rules favoring recognized political parties with reserved symbols unfairly disadvantage Independents like him.
However, the Bench explained the historical context and practical need for election symbols, especially for an electorate with many illiterate voters, as seen during India’s first General Election. The court found the SEC’s use of political parties’ symbols in the Delhi Municipal Corporation (Election of Councillors) Rules, 2012, to be reasonable and not arbitrary.
The court also emphasized the SEC’s authority to recognize political parties and use their symbols, similar to the Election Commission of India, as permitted by the Constitution and the Delhi Municipal Corporation Act. In line with Supreme Court precedent, the court stated that SEC’s recognition of political parties for municipal elections falls within its jurisdiction and is not beyond its powers. Thus, there is no legal barrier preventing political parties from participating in municipal elections, the court concluded, dismissing the plea and asserting that the legal framework does not disadvantage Independent candidates.
