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2021 Supreme(All) 225

SAURABH LAVANIA, RAJAN ROY
Shraddha Tripathi, Advocate – Appellant
Versus
The Election Commission Of India(Eci),Thru. C. E. C. – Respondent


Advocates Appeared:
For the Petitioner: Shraddha Tripathi(In Per)
For the Respondent: A.S.G., Arpit Kumar, Asit Kumar Chaturvedi, O P Srivastava

JUDGMENT :

Rajan Roy, Saurabh Lavania, JJ.

Heard Ms. Shraddha Tripathi, petitioner who is a practicing Advocate of this Court, in person, Shri O P Srivastava, learned Senior Counsel appearing for the Election Commission of India i.e. opposite party no. 1 herein. None has appeared for opposite parties no. 2 to 7.

This is a petition in public interest. The relief clause of the petition reads as under:-

    (1.) To issue writ of Mandamus, directing the respondent no. 1, the Election Commission of India to order/directions to all the recognized political parties to immediately stop and restrain from using the Reserved Election Symbols themselves (In the Party name) as their Party Trade-Mark, and for the 'Purpose and Period' beyond the 'Contested Election'.

(2.) To issue writ/order or direction in the nature of Mandamus to the respondent no. 1 to strictly allow the use and operation of reserved symbols only the 'contesting candidates' set-up by 'Recognized Political Parties' in the notified elections.

(3.) Such other writs, order or direction as this Hon'ble Court may feel just and proper in the interest of justice and instant circumstance to achieve the goal of 'Free and Fair' elections as per l

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