In a writ petition filed before the Delhi High Court to seek directions against the Election Commission of India (ECI), a Single Judge Bench of Justice Mini Pushkarna found Akhil Bharatiya Jan Sangh entitled to relief as prayed and directed ECI to allot a common symbol to the petitioner party for contesting the upcoming State Assembly Elections in Bihar once they have submitted a required declaration.
In the present petition, directions were sought for ECI to consider the petitioner’s application and allot a common election symbol to contest in the upcoming Bihar Assembly Elections, 2025, under the banner of ‘Akhil Bharatiya Jan Sangh’ and to strike down the communication dated 01-09-2025.
Petitioner submitted that ECI duly registered the party name ‘Akhil Bharatiya Jan Sangh’ vide letter dated 20-10-1989. It was also submitted that ECI refused to allot a common election symbol due to an internal dispute in the party. It was contended that the dispute raised by Mr. Sameer Singh Chandel was immaterial, as the same was pending before the Allahabad High Court, and also since he had been expelled from the party in 2019. It was further submitted that ECI was duly informed about the expulsion of Mr. Sameer Singh Chandel.
ECI submitted various letters from 2019, 2020, and 2021 stating that there were internal disputes within the party and that Mr. Sameer Singh Chandel claimed to be the national president of Akhil Bharatiya Jan Sangh. A copy of the Performa of Application for Allotment of Common Symbol under Para 10B of the Election Symbols (Reservation and Allotment) Order, 1968, was also submitted, and it was stated that the petitioner had failed to deposit the undertaking in terms of Annexure III of said application form.
The Court noted that Mr. Sameer Singh Chandel stood expelled from Akhil Bharatiya Jan Sangh and that he had not challenged this decision. It was also noted that the petitioner party had been allotted an election symbol in 2024 to contest the Assembly elections in Andhra Pradesh.
Further, the Court stated that in the 2024 elections, no challenges were made by the breakaway faction allegedly headed by Mr. Sameer Singh Chandel, and that there was no material on record to show that said faction intended to contest the elections. Thus, the Court said that there was no dispute pending wherein two factions of the same party are claiming rights for the allotment of the symbol.
A letter issued by Akhil Bharatiya Jan Sangh was also noted by the Court, wherein a statement had been given regarding the new office bearers and national executive members of the party. Further, it was stated that the dispute regarding the internal elections of 2019, which was pending before the Allahabad High Court, would have no bearing on the present matter.
When asked if the other faction, allegedly headed by Sameer Singh Chandel, had requested the allotment of any symbol, the ECI answered in the negative. The Court said that this was a material factor as there was no competing faction wanting to stand in elections under the banner of the same party.
The Court opined that Akhil Bharatiya Jan Sangh was entitled to relief but directed them to submit the Declaration in terms of the requirement of the ECI. Further, ECI was directed to allot a common symbol to the petitioner party to contest the State Assembly Elections of Bihar, once the petitioner complies with the direction as mentioned earlier.
Thus, the communication dated 01-09-2025 was set aside, and the petition was disposed of.
Appearances:
For Petitioner – Mr. Pranay Ranjan, Mr. Mrigank Prabhakar, Mrs. Rachana Ranjan, Mr. Pratap Ranjan, Ms. Sakshi Banga, Mr. Siddharth Sahu, Ms. Astha Singh
For Respondent – Ms. Rohini Prasad, Ms. Ashika Ranjan