Judgment

Dr. A.S. Anand, CJI.-This appeal calls in question the judgment and order of the High Court of Orissa dated 23rd December, 1997, dismiss­ing an Election Petition filed by the appellant herein.

2. Elections to 56 Puri Assembly Constituency of the Orissa Legislative Assembly were held in the month of March, 1995. The last date for filing of nomination papers was 17th January, 1995. It ap­pears that the appellant and respondent No. 1 filed their nomination papers as “official candidates” of Janata Dal. Their nomination papers were supported by authorisations in Forms A and B under the signatures of Shri S.R. Bommai, President of the Janata Dal. Since two candidates had claimed the reserved symbol of Janata Dal and before the last date fixed for withdrawal of candidature, no communication was received by the Returning Officer as to which one out of the two was the official candidate, the Returning Officer treated both the appellant and re­spondent No. 1 as independent candidates and allotted the free symbols of `Bicycle” and “Boat” respectively to them, by an order dated 20th January, 1995. The order of the Returning Officer was challenged before the Election Commission under Ru