By the Court.—This petition, by an advocate, is styled as Public Interest Litigation whereas the petitioner has prayed for quashing of the order dated 6.1.2007 issued by the Election Commission of India after summoning the same from the respondent Commission to the extent by means of which it has been decided/directed that “In all States/U.Ts. except in the States of Assam and Sikkim where its (Bahujan Samaj Party’s) candidates will have to choose another symbol from out of the list of free symbols specified by the Commission”, and also for a writ in the nature of mandamus directing the opposite party, the respondent Commission to permit the BSP candidates to contest the election on the symbol allotted to it i.e. “Elephant” throughout the territory of India including the State of Assam and Sikkim and to allot some other election symbol to “Asom Gana Parishad” and “Sikkim Sangram Parishad”.

2. A preliminary objection has been raised by the respondents counsel that this petition itself would not be maintainable as the petitioner has no locus standi to file a writ petition for the relief claimed, he having no interest in the subject-matter and for that matter he is not even a