Judgment

KHANNA, J.:- Civil Appeal No. 70 of 1971 has been filed by special leave by special leave by Shri Sadiq Ali and another against the order of the Election Commission of India (hereinafter referred to as the Commission) under paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as the Symbols Order ), whereby the Commission held that for the purpose of allotment of symbol in elections the political party presided over by Shri Jagjivan Ram was the Indian National Congress and was entitled to the symbol of "Two Bullocks with Yoke on", reserved for the said Congress.

2. Indian National Congress (hereinafter referred to as the Congress ) is a recognised National Party under the Symbols Order. The symbol of the "Two Bullocks with Yoke on" was exclusively reserved for the Congress for the purpose of elections to the Houses of Parliament and the Legislative Assemblies of the States and Union Territories. The Congress is a voluntary association; it is neither a statutory body nor a registered society under the Societies Registration Act. It has framed its own constitution and rules. Shri S. Nijalingappa was elected President of the Co