Judgment

E. S. VENKATARAMIAH, J.:- In this petition filed under Art. 32 of the Constitution the petitioner challenges the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as the Symbols Order) which is issued by the Election Commission (hereinafter referred to as the Commission). The principal contention urged by the petitioner in support of his contention is that the Symbols Order which is legislative in character could not have been issued by the Commission because the Commission is not entrusted by law the power to issue such- an order regarding the specification, reservation and allotment of symbols that may be chosen by the candidates at elections in parliamentary and assembly constituencies. It is further urged that Art. 324 of the Constitution which vests the power of superintendence, direction and control of all elections to Parliament and to the Legislature of a State in the Commission cannot be construed as conferring the power on the Commission to issue the Symbols Order.

2. It is necessary to set out the relevant provisions of law having a bearing on the above question at the outset for a proper appreciation of the contentions urged on behalf of the petition. Art. 324(1) of the Constitution reads thus :

"324.(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission)."

3. Articles 327 and 328 of the Constitution which vest the power of making provisions with respect to elections on Parliament and the Legislatures in the States read as follows :

"327. Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies, and all other matters necessary for securing the due constitution of such House or Houses..

328. Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses."

4. Article 327 of the Constitution confers the power on Parliament to make by law provisions with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses subject to the provisions of the Constitution. Art. 328 of the Constitution confers similar power on the Legislature of a State to make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses subject to the provisions of the Constitution and in so far as provision in that behalf is dot made by Parliament. In exercise of the power conferred by Art. 327 of the Constitution Parliament has enacted the Representation of the People Act, 1951 (43 of 1951) (hereinafter referred to as the Act) providing for the conduct of elections to the Houses of Parliament and to the House or Hous