The Delhi High Court has sought the response of the Election Commission of India (ECI) to a petition by the Akhil Bharatiya Jan Sangh for the allotment of a common party symbol which the party could use while contesting in the upcoming assembly elections in Bihar [Akhil Bharatiya Jan Sangh v. Election Commission of India].
The Jan Sangh has challenged a September 1 communication issued by the ECI, which rejected the party's application for the allotment of a party symbol.
The ECI's counsel, advocate Rohini Prasad, today stated that the application was rejected on grounds of there being internal disputes within the party.
Justice Mini Pushkarna has issued notice to ECI and hinted that the Court will decide on the matter after it is heard next on Thursday, October 9.
The Akhil Bharatiya Jan Sangh, registered in 1989, is an unrecognised political party that claims to have origins in a political party named Bharatiya Jana Sangh.
The Akhil Bharatiya Jan Sangh has 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 has further argued that the ECI's reasons for rejecting the party's request for a symbol are evasive, erroneous and devoid of reasoning.
The plea also asserted that there is no internal dispute within the party as alleged by the ECI.
This is the second time that the party has 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 has led the Jan Sangh to approach the High Court again for relief.
Advocates Pranay Ranjan and Mrigank Prabhakar appeared for the party.
Advocate Rohini Prasad appeared for the ECI.