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HomeLawDelhi High Court upholds Election Commission's first-come-first-served criteria for allotting free election...

Delhi High Court upholds Election Commission’s first-come-first-served criteria for allotting free election symbols

After considering the case, the Bench held that the arguments would render Explanation (iv) otiose, and that the Court cannot rewrite a statute.

“Firstly, the submission of the Petitioner Party ignores the repetitive occurrence of the phrase ‘same date’ as it appears in each of the three Proviso(s) to the said Explanation (iv). Secondly, the consequence of alleged re-casting of the said Proviso(s) 1 and 2 as sought by the Petitioner Party would render otiose the Explanation (iv) itself, which provides that the allotment will be made on the principle of ‘first-come-first-served’ basis. The suggestion of the Petitioner, if accepted would do violence to Explanation (iv). Thirdly, it is well-settled principle of law that the Court cannot rewrite the statute,” the Bench observed.

It also upheld the allotment of the symbol ‘Ganna Kisan’ in favour of another political party.

Source: Barandbench

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