IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15800 OF 2025 Vanchit Bahujan Aaghadi ] A political party registered ] o/a: Survey No.858B/2, “Akash”, ] Bhigwan Road, Ashok Nagar, ] Baramati, District Pune – 413102 ] Through its General Secretary ]

Mr. Kisan Jagannath Chavan ] ...Petitioner.

V/s.

1. The State Election Commission, ] Maharashtra. ] 2. The State Election Commissioner, ] Maharashtra Both 1 and 2 add; 1^st ] Floor, New Administrative Bldg., ] Hutatma Rajguru Chowk, Madam ] Cama Road, Mumbai – 32 ] 3. The State of Maharashtra, ] Through its Chief Secetary, ]

Mantralaya, Mumbai – 400032 ] ….Respondents.

Mr. Prakash Ambedkar a/w Mr. Sandesh More, Mr. Hitendra Gandhi, Mr. Ajay Gaikwad, advocates for the petitioner.

Mr. Sachindra B. Shetye a/w Mr. Akshay Pansare and Mr. Nipun Sawane, advocates for the respondent nos. 1 and 2.

Ms Neha S. Bhide, G.P. a/w Mr. O.A. Chandurkar, Addl. G.P., Mrs.

G.R. Raghuwanshi, AGP for the respondent no.3.

CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE : 24^th NOVEMBER 2025.

PER SHREE CHANDRASHEKHAR CJ.

Vanchit Bahujan Aaghadi which claims that it is a registered political party has approached this Court seeking a direction and declaration that paragraph no.10-B of the Election Symbols (Reservation and Allotment) Order, 1968 (in short, Order, 1968) is applicable to the elections conducted by the State Election Commission under Article 243-K of the Constitution of India and being a statutory and part of the constitutional framework should be read harmoniously with the Maharashtra State Party Registration, Regulation and Election Symbols (Reservation and Allotment) Order, 2025 (in short, Order, 2025). A related prayer in the context of the aforesaid prayer at prayer clause (a) seeks a direction to the State Election Commission to apply principles and mandate under paragraph 10-B of the Order, 1968. The petitioner-party is also seeking a direction to the State Election Commission to reserve and allot the symbol “Gas Cylinder” to it for “all forthcoming local body elections in Maharashtra”.

2. The petitioner-party states that vide Registration No.56/37/2019-19/PPS-I under section 29-A of the Representation of People Act, 1951, it was issued a letter of registration dated 24^th March 2019 by the Election Commission of India. In the Lok Sabha Elections-2019, the petitioner-party was allotted the symbol “Gas Cylinder” by an order dated 6^th August 2019. A similar allotment of the said election symbol was made in its favour by an order dated 14^th August 2024. The petitioner-party contested the Parliamentary and the Maharashtra Legislative Assembly Elections on the said symbol. In this factual background, the petitioner-party made a representation on 20^th June 2025 and 14^th October 2025 for allotment of the symbol “Gas Cylinder” in its favour for “forthcoming local body elections”. Referring to the representation dated 14^th October 2025, a communication has been made to the petitioner-

party on 16^th October 2025, which reads as under :-

“State Election Commission, Maharashtra No.Rania/Rapna-2025/P.No.50/Ka.11 New Administrative Building, Hutatma Rajguru Chowk, Madam Cama Marg, Mumbai-400 032.

Date: October 16, 2025.

To, Smt. Rekha Thakur, Maharashtra State President, Vanchit Bahujan Aghadi, Maharashtra Pradesh Thackeray House, Mumbai Building, J.N. Heredia Road, Fort, Mumbai – 400001.

Subject:- Request regarding reserving gas cylinder symbols in the upcoming local body elections.

Reference- Your letter dated 14/10/2025.

Sir, With reference to the letter on the above subject, it is hereby informed that your attention is drawn to paragraphs 13 and 17 of the “Maharashtra State Party Registration, Regulation and Election Symbol (Reservation and Allotment) Order 2025, dated 5^th May 2025”. Accordingly, symbols are allotted for the elections of local bodies. The action in this regard is taken by the concerned competent authority/Election Officer at their level during the actua