G. NARENDAR, KIRANMAYEE MANDAVA
Vadlamuri Krishna Swaroop and Others – Appellant
Versus
Election Commission of India – Respondent
JUDGMENT :
G. Narendar, J.
Heard the learned counsel for the appellants, learned counsel for Election Commission of India and the other counsel for the private respondents.
2. The genesis of the dispute can be traced to an order of the Election Commission of India whereby a direction granted by this Court to consider the representation by one of the parties to the proceedings has been acted upon and pursuant to which the Election Commission of India proceeded to freeze the symbol allotted to one of the appellants.
3. The case of the appellants is that the symbol was allotted to them by the returning officer and thereafter, on representation by the rival political party, the Election Commission of India has taken up the action that was impugned before the learned Single Judge. The learned Single Judge has not been inclined to entertain the writ petition on the ground that the same is not maintainable in view of the specific bar under Article 329(b) of the Constitution of India. In the meanwhile, as postal ballots had already been taken up for counting, this Bench deemed it fit not to interfere with the process and thereafter, the election process was concluded. The matter was heard by t
The court established that the Election Symbols Order is integral to the electoral process and violations must be addressed through election petitions, not writs.
The court established that the Election Symbols Order is an order under the Representation of the People Act, and violations can be grounds for election petitions.
Judicial intervention in electoral matters, specifically regarding the freezing of election symbols during ongoing elections, must adhere to legal protocols, ensuring electoral integrity and fairness....
The ECI's power to allot symbols under paragraph 15 of the Symbols Order is independent of its power to register political parties under Section 29A of the Representation of the People Act, 1951, and....
The denial of an electoral symbol without legal justification disrupts democratic elections, necessitating judicial intervention to ensure fairness and equity.
The impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
The Election Commission possesses lawful authority to enforce the Symbols Order, 1968, establishing differentiation in political party recognition and privileges as not arbitrary, supporting electora....
Point of law: It is the political parties which sponsor candidates, that are in a position to incur large election expenses which often run into astronomical figures. We do not consider that preferri....
Election disputes must be resolved through an Election Petition after electoral processes are completed, as courts typically refrain from intervening during elections to preserve their integrity.
The court reaffirmed that judicial intervention in election processes should be limited and only warranted under clear violations, emphasizing the need for election integrity and established practice....
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