Delhi HC defers hearing on petition

Published on Apr 21, 2004 04:44 PM IST

The Delhi HC deferred till April 27, the hearing on a petition by Kerala Congress challenging a provision in Representation of People Act that empowers Deputy EC to allot symbols to political parties.

HT Image
HT Image
PTI | ByPress Trust of India, New Delhi, Apr 20 (pti)

The Delhi High Court on Tuesday deferred till April 27, the hearing on a petition by Kerala Congress challenging a provision in Representation of People Act that empowers Deputy Election Commissioner to allot symbols to political parties.

After Election Commission informed that the petitioner, Eapen Verghese, the chairman of Kerala Congress was not contesting the election, a Bench comprising Chief Justice BC Patel and Justice BD Ahmed adjourned the hearing saying there was no urgency in the matter.

Verghese has questioned the power of DEC to allot the party's symbol "bicycle" to its rebel faction Kerala Congress (J) headed by PJ Joseph.

His counsel on Tuesday told the court even though Verghese was not contesting poll, if the symbol "bicycle will be alloted to the rival faction it would affect his career as well as the future of the party.

Verghese had contended that the DECs, who are delegated the functions of Election Commission, are not constitutional functionaries and, therefore, hava no jurisdiction to decide any dispute relating to allotment of symbol.

Kerala Congress had submitted that delegating the function of the Election Commission to DEC under Section 19A of the RPA was violative of Article 324 of the Constitution.

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