The judgment emphasizes the importance of genuine public interest and the requirement for a person directly aggrieved to challenge provisions of law in a Public Interest Litigation.

JUDGMENT :

Vinay Joshi, J.

Heard the Petitioner in-person and learned Counsel for the respective respondents.

2. The challenge in this Public Interest Litigation (PIL) is to the Constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968 ("the Symbols Order"), as well as to the validity of explanation added to Section 77 and to the Section 78-A of the Representation of the People Act, 1951 ("the 1951 Act"). The challenge is based on the premise of violation of Article 14 of the Constitution of India.

3. The petitioner has prayed for the following reliefs in his petition :

"a. Freeze the presently reserved symbols for a period of 20 years.

b. Stay the effect, operation and execution Election Symbols (Reservation and Allotment) order 1968.

c. Grant ex-parte ad-interim relief in terms of prayer clause b.

d. Pass orders to allot unreserved election symbols to all candidates at the same time before elections. It be further clarified that candidates of the same party but from different constituencies should have different symbols. Alternatively the photograph of the candidate may be displayed on the EVM/Ballot paper.

e. Pass orders to hold no classification as recognized party and unrecognized party.

f. Declare the Election Symbols (Reservation and Allotment) Order 1968 made by The election Commission of India as Illegal, arbitrary and unconstitutional as it is violative of Art.14 of The Constitution.

g. Hold explanations to Sec 77 of RP Act 1951 as ultra vires and cause it to be understood as interpreted by the Honourable Supreme Court in Kanwar Lal Gupta vs Amar Nath Chawla and Ors on 3 October, 1974 and declared Sec 78 of The RP Act 1951 as unconstitutional.

h. Pass orders to grant equivalent privileges to all candidates in an election.

I. Grant any other relief and pass such other order as this Hon'ble Court may deem fit and proper in facts and circumstances of the case and in the interest of justice.

4. Initially, the petitioner prayer for grant of ad-interim relief in the nature of freezing of election symbols and stay to the effect and operation of the Symbols order, till the final disposal of the petition. This Court declined to grant ad-interim relief, since there exists a presumption of validity of the enactment and the Rules. The petitioner has challenged refusal of interim order by way of filing a Petition for Special Leave to Appeal (C) No. 557/2019. The Hon'ble Supreme Court has also refused to interfere in the matter, but, has requested this Court to hear and decide the Writ Petition (PIL) as expeditiously as possible.

5. Accordingly, we have heard exhaustively the petitioner in-person, learned Counsel and A.S.G.I., for respondent nos. 1 and 2. Though the respondent no.1 in its reply-affidavit resisted the petition on facts, however, during the course of arguments, has strongly objected to the maintainability of the petition contending that the petitioner has no locus to challenge the constitutional validity of Symbols order and the statutory provisions of law. In short the very maintainability of the PIL is questioned.

6. The objection raised to the validity of the Symbols Order is on the ground that it was legislative in character and the Commission has no power to issue it, in absence of entrustment of Rule making power in relation to elections. Apart from the challenge to the validity of the Symbols Order, the petitioner has contended that the Symbols Order vide Rule 6 made unreasonable distinction and classification between the recognized political parties and unrecognized political parties. It is his contention that such uncalled classification is against the right of equality guaranteed in terms of Article 14 of the Constitution of India. The petitioner's focus is on the pictorial symbols allotted to the candidates contesting election. According to the petitioner, a candidate of a recognized political party contests the election on the symbol which is reserved for the party and the same symbol is b