R.K.DESHPANDE, VINAY JOSHI
Mrinall Shashi Shekhar – Appellant
Versus
Election Commission Of India – Respondent
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 :
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 recogniz
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