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2016 Supreme(Del) 1458

RAJIV SAHAI ENDLAW
JAI MAHA BHARATH PARTY – Appellant
Versus
CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : Mr. Shri Bhagawaan Shri Rangadeva Shri Anantha Vishwa Vishnudeva Prabhu, Advs.
For the Respondent: Mr. Pankaj Chopra and Mr. Y.R. Sharma, Advs.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

CMs. No.10712/2016 & 10713/2016 (both for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

W.P.(C) 2501/2016 & CMs No.10710/2016 (for directions) & 10711/2016 (for stay)

3. This petition dated 15th March, 2016 and which has come up for the first time today seeks the reliefs of:

(i) stay of Assembly General Elections 2016 of States of Assam, West Bengal, Tamil Nadu, Puducherry and Kerala going to be announced by the respondents Election Commission of India (ECI) in the first week of March, 2016;

(ii) mandamus to the respondents ECI to allot the petitioner a new common symbol to contest the Assembly General Elections 2016 of the aforesaid States;

(iii) quashing of all resemblances, religious connotations, communal connotations and depictions of animal symbols which are already allotted to the registered recognized Political Parties under para 10B of the Election Symbols (Reservation and Allotment) Order 1968;

(iv) quashing of Election Symbols (Reservation and Allotment) Order, 1968 (Election Symbols Order) and the Election Symbols (Reservation and Allotment) (Amendment) Order, 2015 dated 26th June, 2015 (Election Symbols Am



















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