JUDGMENT :

Devendra Kumar Upadhyaya, J.

1. These proceedings under Article 226 of the Constitution of India have ostensibly been instituted in public interest challenging paragraphs 3 of an order issued on 19th September, 1989 by the Election Commission of India (hereinafter referred to as "Election Commission"), whereby it has been observed that Bhartiya Janta Party shall be recognized as a National Party, for which symbol "Lotus" shall be reserved for it in terms of the provisions contained in sub paragraph 2 of paragraph 7 of the Election Symbols (Reservation and Allotment) (Second Amendment) Order 1989 (hereinafter referred to as "Second Amendment Order, 1989).

2. Similar prayer has been made challenging paragraph 3 of another order dated 23rd September, 1989 issued by the Election Commission, whereby it has been observed that Indian National Congress shall be a National Party for which symbol "Hand" shall be reserved.

3. Heard Shri Sheshmani Nath Tripathi, petitioner in person and Shri Vijay Vikram Singh, learned counsel representing the Election Commission.

4. At the outset, we may observe that though this petition has purportedly been filed in "public interest", however, from the