Judgment

HIDAYATULLAH, J. : This judgment will govern Civil Appeal No. 1653 of 1966 and Writ Petition No. 193 of 1966. The appeal has been filed, after, obtaining special leave of this Court, by the Samyukta Socialist Party, through its General Secretary, against the judgment and order of the High Court of Punjab, November 18, 1965, dismissing summarily a petition under Article 226 of the Constitution. The petition has been filed by Mr. Madhu Limaye, M.P., a member of the Samyukta Socialist Party. These two proceedings raise a common question and challenge the action of the Election Commission in allotting the "Hut" as the reserved election symbol to the Praja Socialist Party, which symbol was previously reserved for the Samyukta Socialist Party. The challenge is on the ground of want of jurisdiction and also on the basis of fact. The Rule and Notification where under the action purported to be taken are also challenged as unconstitutional in the petition. The controversy arises in the following circumstances :

2. The Praja Socialist Party (popularly known as the P.S.P.) was formed by a merger of the Socialist Party and the Kisan Mazdoor Praja Party (known shortly as K.M.P.P.) and wa