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2017 Supreme(Del) 1083

SANJIV KHANNA, CHANDER SHEKHAR
SWARAJ INDIA – Appellant
Versus
STATE ELECTION COMMISSION – Respondent


Advocates Appeared:
For the Appellant :Mr. Shanti Bhushan, Sr. Advocate with Mr. Prashant Bhushan, Mr. Shakti Vardhan and Mr. Kartik Seth, Advocates
For the Respondents:Mr. Sumeet Pushkarna, Standing Counsel and Siddhartha Nagpal, Advocate with Mr. Girish Pandey, Deputy Secretary Mr. Sanjoy Ghose, ASC with Mr. Rhishabh Jetley, Advocate

JUDGMENT :

SANJIV KHANNA, J.

C.M. No.12977/2017

1. The appellant, Swaraj India, who is the applicant, was formed as a political party on 2nd October, 2016 and had applied to the Election Commission of India (ECI) for registration on 14th October, 2016. The appellant was granted status of a registered unrecognized political party by the ECI on 27th February, 2017.

2. Even before grant of registration, the appellant on 14th February, 2017 had made a representation to the State Election Commission, National Capital Territory of Delhi (SEC) for allotment of a common election symbol for they proposed to nominate candidates and contest the 272 seats in the forthcoming municipal elections in Delhi. This representation was rejected by the SEC vide order dated 21st February, 2017. After registration, the appellant on 28th February, 2017 had submitted a review application which was declined by the SEC vide order dated 17th March, 2017.

3. The order dated 21st Feb., 2017 relies upon Paragraphs 3 and 4 of the "Symbols Order" dated 5th April, 2016 issued by SEC read with Rule 15 of the Delhi M




















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