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2008 Supreme(SC) 1412

ASHOK BHAN, V.S.SIRPURKAR
Subramanian Swamy – Appellant
Versus
Election Commission of India Through its Secretary – Respondent


Advocates appeared:
For the Appellant :Dr. Roxna Swamy, Advocate.
For the Respondent ; Ms. Meenakshi Arora, S.K. Mendiratta and Suvrajyoti Gupta, Advocates.

Judgment

V.S. Sirpurkat, J. —

1. Leave granted.

2. Dr.Subramanian Swamy comes up before us challenging the Judgment of the High Court of Delhi whereby his Writ Petition was dismissed. The Writ Petition was filed by Dr. Swamy in his personal capacity, though he claimed therein a mandamus for Janata Party of which he is the President. In the Writ Petition following prayers were made :

“(a) A writ of mandamus or a writ, Order or direction in the nature of mandamus to strike down paragraph 10A of the Symbols Order as violative of Article 14 of the Constitution of India;

(b) A writ of mandamus or a writ Order or direction in the nature of mandamus to direct the respondent to bring the Symbols Order, notably paragraph 10A, in line with the requirement of Article 14 as set out hereinabove;

(c) A Declaration that paragraph 10A must be read down as set out hereinabove, in Order to meet the requirements of Article 14;

(d) pass such other and further Order or Orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

It seems that the original petition came to be amended incorporating three new paragraphs. Two paragraphs are reproduced here (other amendments are































































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