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SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
Gandhiyawathi T. Ramesh – Appellant
Versus
Chief Election Commissioner – Respondent
ORDER :
(Order made by the Hon'ble Mr.Justice D.Bharatha Chakravarthy)
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st respondent to consider the representation of the petitioner dated 27.09.2023 and cancel the Lotus symbol allotted to Bharatiya Janata Party and pass such further or other order.
This is a Public Interest Litigation filed by the petitioner, who claims to be the Founder-President of a political party viz., Ahimsa Socialist Party, bearing Registration No.56/102/2016-17/PPS-I.
2. It is the case of the petitioner that the 2nd respondent, viz., the Bharatiya Janata Party is allotted with the Lotus symbol. The lotus is the national flower of India. As per Section 5 of the Election Symbols (Reservation & Allotment) Order, 1968 some symbols are exclusively allotted for the recognized political parties and there are free symbols that are available to be allocated to unrecognized parties and independent candidates. It is unjust to allot the national flower to a political party, as the Lotus symbol represents the nation. The symbol is also a sacred religious symbol, therefore, it cannot be included
The allotment of the Lotus symbol to a political party does not violate constitutional provisions and is not deemed a corrupt practice under the Representation of Peoples Act.
Dismissal of writ for lack of evidence proving political party recognition and symbol allotment.
The court established that the Election Symbols Order is integral to the electoral process and violations must be addressed through election petitions, not writs.
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....
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.
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.
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 Election Authority of UT of Ladakh has the competence to allocate election symbols, and the court's order did not contravene the Election Symbols Order of 1968.
The denial of an electoral symbol without legal justification disrupts democratic elections, necessitating judicial intervention to ensure fairness and equity.
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