The Election Commission is a constitutional functionary charged with the duty of superintendence, direction and control of the preparation of electoral rolls for the conduct of elections to the Parliament and Legislature of every State and of elections to the office of the President and Vice President.

MADHAVA REDDY, CJ.

( 1 ) THIS writ appeal is directed against the judgment of our learned brother, P. A. Choudary, J. in writ Petition No. 4331 of 1982.

( 2 ) A few facts to appreciate the contentions raised in this writ appeal may be briefly set out: The President of All india Political Organisation entitled "sarvodaya Congress" seeks a writ of mandamus against the President of the telugu Desam Party, the 1st respondent herein, and the Election Commission of india, New Delhi, the 2nd respondent herein, to cancel the registration granted to Telugu Desam Party. As stated in the affidavit filed in support of the writ petition, his main "complaint" is against the use of the name of "telugu desam" as the name of a political party. The use of the name of "telugu Desam" will have two connotations as understood by the members of the public: (1) it appeals to the major lingustic group in this State; and (2) it has a tendency to propagate secessionist tendency by the use of the word "desam". According to him, registering a political party with this name would impede the cause of national integration and tend to develop fissiparous tendencies and regionalism. lt would go contrary to the preservation and maintenance of the sovereignty and integrity of India as envisaged by Article 19 (2) of the Constitution of India. Any candidate of this political. party would be guilty of corrupt practice as envisaged by section 153-A of the Indian Penal Code, which was introduced by way of an amendment to the Indian Penal Code by the Criminal and Elections Law Amendment Act, 1969, and section 123 (3) of the Representation of the People Act. Any person standing on such a party s ticket would be acting contrary to the path required to be taken under Articles 84 and 173 of the Constitution. The Election commission constituted under Article 324 of the Constitution, which has the sole responsibility of conducting and controlling the elections to the Union Parliament and State Legislatures, is charged with the duty of alloting symbols under the Election Symbols (Reservation and allotment) Order, 1968. The registration of a party with the name of "telugu desam" as a political party is contrary to the intendment of the Constitution, the Representation, of the People Act and in particular sub-clause (6) of clause 3 of the Election Symbols (Reservation and Allotment) Order, 1968. In short, according to him "telugu Desam" as a political party, legitimises corrupt practice as set out in section 123 (3) of the Representation of the people Act and runs counter to the various provisions in the enactments referred to above spreads disharmony among the various linguistic groups and promotes regionalism and sectarisanism.

( 3 ) IN the counter-affidavit filed on behalf of the 1st respondent, these allegations were denied and it was categorically asserted that the aims and objects of the Telugu Desam Party are not to secede from the rest of the country,but only to work for the welfare of the people of Andhra Pradesh, irrespective of their linguistic denomination or ethnic composition, within the frmae-work of the Constitution. lt was pleaded that the party was a regional party and not a national party and the nomenclature of the party is so fashioned as to be in tune with the broad objective of giving a primary and undivided attention to the progress and welfare of the people of Andhra Pradesh. It was specifically pleaded that the telugu Desam Party does not draw any distinction between the various linguistic denominations. In fact, the aim of the party is to preserve the culture, traditions and self-respect of the people of Andhra Pradesh. After the formation of the linguistic states in a federal structure of our country,striving for the development of a State based on linguistic group cannot be deemed to be leading to disintegration of the country of affecting the sovereignty of the State. The formation of such a party does not in any way contravene the fundamental

Click Here to Read the rest of this document