RAJIV SAHAI ENDLAW

1. The petition (a) impugns the order dated 11th October, 2010 of Election Commission of India (ECI) of dismissal as not maintainable of the application preferred by petitioner seeking freezing of the symbol Elephant as the reserved symbol of the respondent Bahujan Samaj Party (BSP), a Recognised National Party within the meaning of Clauses 6 and 6A of the Election Symbols (Reservation and Allotment) Order 1968, (Symbols Order); and, (b) seeks a mandamus to the ECI to cancel or freeze the reserved election symbol Elephant of the respondent BSP.

2. Notice of the petition was issued and a reply has been filed on behalf of the respondent BSP and to which a rejoinder has been filed by the petitioner. Vide order dated 16th July, 2012 ECI which was earlier impleaded as respondent No.1, was deleted from array of parties but its counsel requested to remain present.

3. When the matter was called on 25th February, 2016, the senior counsel for the respondent BSP stated that the order of ECI under challenge in this petition came to be passed in pursuance to an order of the Supreme Court in a petition filed by some other person and which petition is still pending be