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2024 Supreme(Mad) 2185
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SANJAY V.GANGAPURWALA, C.J., D.BHARATHA CHAKRAVARTHY, J.
Gandhiyawathi T.Ramesh - Appellant
Versus
The Chief Election Commissioner - Respondents
Writ Petition No.31661 of 2023
Decided on : 20-03-2024
For the Appellant : Mr.M.L.Ravi for Mr.T.Sivagnanasambandan
For the Respondents: Mr.Niranjan Rajagopalan
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.
Headnote:(A) Constitution of India - Article 226 - Election Symbols (Reservation & Allotment) Order, 1968 - Section 5 - Representation of Peoples Act, 1951 - Section 123(3) - Writ Petition filed to cancel the allotment of the Lotus symbol to a political party, claiming it violates Article 14 and is a religious symbol. The court found no legal basis for interference as the symbol's allotment is not deemed a corrupt practice under the Act. (Paras 2, 10, 12, 14)
(B) Public Interest Litigation - The court ruled that the matter is no longer res integra as similar petitions have been dismissed previously, and the current petition cannot re-agitate the same issue. (Paras 13, 14)
Facts of the case:
The petitioner, founder of a political party, contended that the allotment of the Lotus symbol to the Bharatiya Janata Party is unjust as it is a national and religious symbol, leading to unfair electoral advantages.
Findings of Court:
The court dismissed the writ petition, stating that the Election Commission's actions were lawful and no grounds for interference were established.
Issues: The main issues were whether the allotment of the Lotus symbol violates constitutional provisions and if the matter could be re-agitated in court.
Ratio Decidendi: The court emphasized that the Election Commission's symbol allotment is not a corrupt practice under the Representation of Peoples Act, and previous rulings on similar matters preclude re-litigation.
Result: Writ Petition dismissed.
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 in the list of symbols. Thus, the allotment leads to unfair advantage and the election will not be free and fair and thus would be violative of Article 14 of the Constitution of India. When the petitioner made a representation dated 27.09.2023, non-consideration thereof is also illegal. Hence the present Writ Petition.
3. An additional affidavit is also filed on behalf of the writ petitioner. It is contended that the action is illegal as per Section 3 of the State Emblem of India (Prohibition of Improper Use) Act, 2005. It is further averred that the Lotus flower is auspicious to almost all the Indian religions such as Hinduism, Buddhism, Jainism and Sikhism. Hindu deities Vishnu, Shiva, Brahma, Ganesha, Durga, Kali, Saraswathi and Lakshmi are portrayed on a Lotus in iconography. Lord Vishnu in the Hindu religion is described as “Lotus-eyed ”. Bhagavad Gita contains a version, by which it can be seen that the Lotus flower is sacrosanct. The Baha-i-Faith Community has also adopted the Lotus as their symbol in the design of the Lotus temple built in New Delhi. Therefore, the use of the religious symbol would be a corrupt practice as per Section 123 (3) of the Representation of Peoples Act, 1951.
4. We have heard behalf of the petitioner and M r on behalf of the 1st respondent Mr. M.L.Ravi, learned counsel appearing on Niranjan Rajagopal, learned counsel appearing – Election Commission.
5. Mr. M.L. Ravi, learned counsel appearing for the petitioner by taking this Court through an additional typed set of papers filed by him during the hearing would rely upon an Article published by the Botanical Survey of India, authored by Mr. Anirban Roy, titled as 'The Sacred Lotus – Indian National Flower' and would submit that the national flower is an important national symbol. Further relying upon the extracts from the website of the Government of India he would submit that there can be no dispute that the Lotus flower is the national flower of India. It is even the Haryana State's emblem. It is also the State flower of Karnataka. Therefore, when the Lotus is both the National Flower as well as the sacred religious symbol, it cannot be allotted as a symbol to the 2nd respondent – political party. In support of his submission, he would rely upon the Judgment of the Hon'ble Supreme Court of India in the case of Abhiram Singh Vs. C.D.Commachen and Ors., (2017) 2 SCC 629 more specifically in paragraph No.74 it has been held as follows:-
“74. The upshot of the above discussion clearly is that under the constitutional scheme mixing religion with State power is not permissible while freedom to practice, profess and propagate religion of one's choice is guaranteed. The State being secular in character will not identify itself with any one of the religions or religious denomi
