The Delhi High Court on Tuesday issued notices to the Centre and Election Commission on a petition filed by Kerala Congress challenging a provision in Representation of People Act (RPA) that empowers Deputy Election Commissioner (DEC) to allot symbols to political parties.
A Bench comprising Chief Justice BC Patel and Justice BD Ahmed fixed the hearing for April 20 on the petition by Kerala Congress Chairman Eapen Verghese questioning the power of DEC to allot the party's symbol "bicycle" to its split away faction Kerala Congress (J) headed by PJ Joseph.
Verghese contended that the DECs, who are delegated the functions of Election Commission, are not constitutional functionaries and, therefore, has no jurisdiction to decide any dispute relating to allotment of symbol.
Kerala Congress Chief's counsel Romy Chacko 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.