The main legal point established is that election symbols play a crucial role in the election process, and their use is not dispensable despite advancements such as candidate photographs on the ballot paper/EVM.

ORDER

1. This petition has been filed by the petitioner praying for a direction to the respondents to remove the election symbols from the ballot paper, including the Electronic Voting Machine (in short, 'EVM'), for the election to the Municipal Corporation of Delhi.

2. The learned counsel for the petitioner submits that the Municipal Corporation of Delhi is a institution of local self-governance under Article 243R of the Constitution of India, which states that all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area, and for this purpose, each Municipal area shall be divided into territorial constituencies to be known as Wards. The important object of the Seventy-third and Seventy-fourth Amendments of the Constitution was to strengthen the grass-root democracy for local self-governance and decentralization at the rural and the urban level, respectively. The intention is to keep away the political parties from municipal governance. The presence of reserved symbols of recognized political parties on the ballot paper/EVM, therefore, undermines the object of local self-governance.

3. The learned counsel for the petitioner further submits that the display of election symbols also gives an unfair advantage to the candidates of a political party as against those fighting independently, inasmuch as, a candidate not belonging to a recognised party is allotted a new election symbol just fifteen days prior to the poll. As the canvasing has to stop 48 hours before the poll, such a candidate has only 13 days to inform the voters of his election symbol. Whereas, the candidates of a recognized political party can popularise their symbol throughout the year.

4. The learned counsel for the petitioner further submits that the importance of election symbols no longer survives in the present-day context. He submits that the purpose of election symbols was to enable illiterate voters to identify the candidates. However, now with the photograph of the candidate also appearing on the ballot paper/EVM, the candidate can easily be identified with the photograph.

5. The learned counsel for the petitioner further submits that the candidates who do not belong to any recognised political party are randomly allotted the election symbols, which may not have any relevance to their character or personality. The same may, therefore, portray a misleading picture of the candidate and vitiates the fairness of the election.

6. On the other hand, the learned counsel for the respondent no.3/State Election Commission submits that Rule 15 and Rule 24 of the Delhi Municipal Corporation (Election of Councillors) Rules, 2012 (hereinafter referred to as the 'Rules') provide for recognition by the State Election Commission of the National parties and the State parties and their symbols for the National Capital Territory of Delhi. The Rules further provide for the process of allotment of the symbols to the contesting candidates. He submits that these Rules have not been challenged by the petitioner. He submits that in absence of such challenge, the present petition is liable to be dismissed.

7. He further makes a reference to the judgments of the Supreme Court in Subramanian Swamy v. Election Commission of India, (2008) 14 SCC 318 and Samyukta Socialist Party v. Election Commission of India & Anr., (1967) 1 SCR 643 to submit the importance of the election symbols. He submits that the election symbols play an important part in the election process and that their use cannot be dispensed with.

8. We have considered the submissions made by the learned counsels for the parties.

9. Though undoubtedly the Municipality is an institute of self governance, however, we have not been shown any prohibition on the National or the States parties contesting Municipal elections. Article 243R of the Constitution of India does not also provide for any such restriction, nor can any restriction be read in it. Article