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Shiromani Akali Dal has been allowed to use the Bucket symbol by Delhi High Court.

The Division Bench comprising Justice Vipin Sanghi & Justice Rekha Palli while setting aside the communication dated March 30,2021 issued by the Minister (Gurudwara Elections) has permitted Shiromani Akali dal to use “BUCKET” symbol in the upcoming elections of Delhi Sikh Gurdwara Management Committee scheduled to be held on April 25,2021. 

“Issue raised by the Minister (Gurdwara Elections) and by the respondents with regard to the compliance of amended Rule 14 could, and should, have been raised in an appropriate time i.e. when there was sufficient time for religious parties, including petitioner No. 1 to strictly comply with the mandate of the amended Rule 14. The sudden change of mind exhibited by the respondents in seeking to now enforce Rule 14 strictly means that a major party, which otherwise has been contesting elections to the said Committee consistently with their reserved symbol, and has also obtained majority in the last elections, would be seriously prejudiced, since the candidates sponsored by it would not be able to uniformly contest the elections on the common symbol which petitioner No. 1 has been using in the past for many years. In our view, prima facie, this would destroy the level playing field, and would undermine the election process.”, the Bench noted. 

In the present matter, the petitioner approached the Court to stay the operation of Gazette Notification dated 30.03.2021 (“Impugned Notification”) published in the Directorate of Gurdwara Elections, Delhi Gazette by Government of NCT Delhi vide which the BUCKET symbol allotted to the petitioner was frozen on the ground of pendency of litigation. The petitioner also sought for issuance of direction to the Respondents to grant the reserve election symbol to the petitioner for the forthcoming elections in terms of earlier notifications dated 08.10.1999, 30.11.2006, 06.02.2006 & 31.01.2017. 

The petitioner’s Counsel submitted that the purport of the order passed by this Court on 26.03.2021 was that the direction issued by the Minister (Gurudwara Elections) should not influence the mind of the statutory authorities under the Delhi Sikh Gurdwara Act who are entrusted with the conduct of elections to the Delhi Sikh Gurdwara Management Committee, which authorities are otherwise required to act independently in accordance with law. He also submitted that irrespective of the amendment of Rule 14 in 2010, the same was never enforced in practice which was clear from the fact that even in 2012 & 2017, petitioner No 1 was recognised as a religious party for the elections & was allotted the BUCKET symbol.

On March 26,2021, the Bench stayed the communication dated March 16,2021 issued by the Minister (Gurudwara Elections) vide which the recognition of religious parties for conduct of election to the Delhi Sikh Gurdwara Management Committee was to be strictly considered in terms of Rule 14 of the Delhi Sikh Gurdwara Management Committee (Election of Members) Rules, 1974 which was amended in 2010. The same was ordered after the petitioner challenged the communication & the amended Rule 14. In this context, the petitioner’s counsel informed the Bench that irrespective of the amendment, the same was overlooked in the elections conducted in 2012 & 2017. He also submitted that the amendment did not create any bar against any individual to form their own Group/Association for the elections without being registered & recognised as a “Religious Party”. 

After passing the order dated March 26,2021, the Respondents issued the impugned notification. 

In the regard the Bench observed that, “At the same time, one cannot lose sight of the manner in which the respondents authorities have conducted themselves for good 11 years since the amendment of Rule 14 on two successive occasions i.e. in the year 2012 and 2017, they did not insist on strict compliance of Rule 14, and this position was recognized by the respondents themselves when the Minister (Gurdwara Elections) issued the impugned communication dated 16.03.2021. The petitioner No. 1 appears to have enjoyed the confidence and support of the electorate till, at least, the last election.”

The Court thereafter stayed the operation of the impugned notification to the extent where the “BUCKET” symbol was frozen. “The said symbol, as in the past, should be allotted to the petitioners for the forthcoming elections to the Delhi Sikh Gurdwara Management Committee to be held on 25.04.2021 to be used by the candidates sponsored by the petitioner No.1.”, the Bench remarked. 

The matter is now listed for May 18,2021. 

Case Title: Shiromani Akali Dal & Anr v. Office Of The Minister Of Gurdwara Elections, Government Of Nct Delhi And Ors.: W.P.(C)3825/2021