Akhil Bharatiya Jan Sangh, ECI and Delhi High Court 
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Delhi High Court orders ECI to allot common symbol to Akhil Bharatiya Jan Sangh for Bihar elections

The Court directed the party to move an application to be ECI as per the Election Symbols (Reservation and Allotment) order.

Prashant Jha

The Delhi High Court on Thursday ordered the Election Commission of India (ECI) to allot a common symbol to the Akhil Bharatiya Jan Sangh to contest the Bihar legislative elections scheduled next month.

Justice Mini Pushkarna passed the order.

The Court directed the political party to move an application before the ECI as per the Election Symbols (Reservation and Allotment) order.

"Subject to the petitioner complying with the said direction, it is directed that a common symbol shall be allotted forthwith to the petitioner to contest the state assembly election of Bihar," the Court said in its order.

Justice Mini Pushkarna

The Akhil Bharatiya Jan Sangh, registered in 1989, is an unrecognised political party that claims to have origins in Bharatiya Jana Sangh, the predecessor to the Bharatiya Janata Party (BJP).

It moved the High Court challenging the September 1 communication issued by the ECI by which rthe party's application for the allotment of a symbol was rejected.

In its plea, the party contended that it has the constitutional and statutory right to contest elections and that the ECI's refusal to allot it an election symbol would take away its opportunity to contest the upcoming Bihar elections. 

It further argued that the ECI's reasons for rejecting the party's request for a symbol were evasive, erroneous and devoid of reasoning. 

The plea also asserted that there is no internal dispute within the party as alleged by the ECI.

Notably, this is the second time the party approached the High Court in the matter. 

While considering its previous petition, the High Court had directed the ECI to consider the party's representation dated August 25 expeditiously.

Thereafter, the ECI rejected the party's application on September 1. This prompted Jan Sangh to approach the High Court again for relief.

Advocates Pranay Ranjan and Mrigank Prabhakar appeared for the party.

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