Mumbai, Nov 24: The Bombay High Court on Monday dismissed a petition filed by Vanchit Bahujan Aghadi (VBA) chief Prakash Ambedkar challenging the Maharashtra State Election Commission’s (SEC) decision to treat the “gas cylinder” as a free symbol for the upcoming local body elections.
Symbol Reserved Earlier by ECI
The VBA had contested the Lok Sabha and Maharashtra Assembly elections on the “gas cylinder” symbol after it was reserved for the party by the Election Commission of India (ECI). However, the SEC has refused to allot the symbol for the local body polls scheduled for December 2025.
Ambedkar Calls SEC Decision Arbitrary
Ambedkar argued that the SEC’s decision was arbitrary and unfair. The party, registered in 2019, has never had the chance to contest local body elections in Maharashtra, as no such polls have been held since 2017.
SEC Says ECI Rules Not Binding
Appearing for the SEC, advocate Sachindra Shetye submitted that the ECI’s rules were not binding on the SEC and that the party would have to approach the competent authority for relief. The VBA countered that such an interpretation would require it to approach each local body individually for symbol allocation.
“As per this reasoning, for zilla parishad elections we will have to approach the zilla parishad, and similarly for other bodies… instead, the SEC can grant us the symbol,” the VBA argued.
Bench Rejects VBA Petition
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, however, rejected the plea.
Legal Criteria for Reserving a Symbol
Under the Maharashtra State Party Registration and Election Symbols Order, a registered unrecognised party may have a free symbol reserved if it secures at least 5% of seats—or at least one seat where 5% is less than one—in the preceding local body election.
The VBA argued that it should not be penalised for failing to meet a condition rendered impossible to fulfil due to the SEC’s long delay in conducting elections.
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Plea Challenges SEC’s Communication on Symbol Allocation
The plea also challenged the SEC’s October 16 communication stating that symbol allotment would be decided by returning officers during the election process. It also sought exclusive reservation of the “gas cylinder” symbol for all future local body polls.
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