ORDER

Altamas Kabir, J. —

1. The common challenge in these eleven Writ Petitions and three Special Leave Petitions is to the provisions of Paragraph 6A(i) & (ii), Paragraph 6B(A)(ii), Paragraph 9(a) and (b), Paragraphs 10A, 11, 12(1)(c) and Paragraph 12(3)(a) of the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. However, on account of paucity of time in the light of the election process being set into motion in the State of Tamil Nadu, we decided to focus our attention to the possibility of making a temporary arrangement till the Writ Petitions and the Special Leave Petitions could be decided finally.

2. Article 324 of the Constitution of India vests the superintendence, direction and control of the preparation of the electoral rolls for and the conduct of elections in the Election Commission. Since we shall be referring to the said provision hereinafter, the same is extracted hereinbelow :

“324. Superintendence, direction and control of elections to be vested in an Election Commission

(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”

3. Section 29A of the Representation of the People Act, 1951, which comes under Part IVA thereof, provides for the registration of associations and bodies as political parties with the Election Commission. Since the same will also have an impact on what is indicated hereinbelow, the provisions of Section 29A(1) are extracted below :

“29A. Registration with the Election Commission of associations and bodies as political parties. — (1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.”

4. Since the facts in all these matters are more or less similar, we are treating W.P.(C)No.532 of 2008, filed by Desiya Murpokku Dravida Kazhagam, as the lead case in this group of matters. Incidentally, it may be indicated that SLP(C) Nos.7379-80 of 2009 have been filed by the Election Commission of India for quashing of the order of the High Court of Andhra Pradesh directing the Election Commission to consider allotment of a common symbol to the Lok Satta Party and other similarly situated unrecognized registered political parties. Similarly, W.P.(C)No.463 of 2009 and SLP(C)No.23494 of 2009 have been filed by certain registered unrecognized political parties for a direction upon the Election Commission of India to allot common election symbols to their candidates in the ensuing elections to the State Legislative Assembly. One of the States in question is the State of Tamil Nadu, in respect whereof Writ Petition (C) No.532 of 2008 has been filed by Desiya Murpokku Dravida Kazhagam, hereinafter referred to as “DMDK”, & Anr. We have been informed that the date for notifying the election programme in the State of Tamil Nadu has been fixed as 16th April, 2011 and the filing of nomination papers for the election is said to be scheduled between 19th and 26th April, 2011. All other subsequent steps are to be taken thereafter.

5. Appearing in support of the Writ Petition, Mr. K.K. Venugopal, learned Senior Advocate, submitted that the Petitioner No.1 is a registered unrecognized political party and the Petitioner No.2 is a registered voter in the State of Tamil Nadu. It was submitted that the DMDK contested 232 out of 234 constituencies in the 2006 Assembly Elections in the State of Tamil Nadu, which were the first elections which the party had contested within 8 months of its formation, and, although, it was an unrecognized political party, all its candidates were allotted the “Nagara” symbol in 224 out of 232