Election Commission lacks authority to restrict party symbol allocation outside statutory provisions.

1. The facts relevant to the issue on which we propose to base our decision lie within a very moderate compass. On 27th of October, 1966, the Election Commission of India addressed a letter to Shri Khem Chandra, who claimed to be the General Secretary of Republican Party of India, Uttar Pradesh, stating -
''I am directed to state that the Commission is satisfied that the party which is recognised by it for the purpose of allotment of symbol is the Republican party under the presidentship of Shri B. K. Gaikwad. As such, that authority only will be recognised by the Commission for allotment of symbol to the candidates of the Republican party in the elections to be held in Uttar Pradesh."

2. This was followed by a notification dated 1st December, 1960, in which names of certain parties were specified in clause 1 (b) as 'multi - state party' Name of the Republican parly of India was not included. By his notification 'reserved symbol' was defined to mean" in relation to any recognised party specified in column 4 of the Table below, the symbol specified against that party in column 3 thereof." 'Recognised party' is also defined in the notification to mean "any policital party for which a symbol is reserved in one or more States according to the Table below". Clause 4 of the notification which has a considerable bearing on the question raised may be reproduced -
"4. or the purposes of paragraph 2 of this notification, a candidate shall be deemed to be sponsored by a particular recognised party if, and only if, -
(a) The candidate has made a declaration to that effect in his nomination paper,
(b) a notice in writing to that effect has, not later than 3 p.m. on the last date for withdrawal of candidatures been delivered to the returning officer of the constituency, and
(c) the said notice is signed by the president, secretary or other office - bearer of the party who is authorised by the party to send such notices and whose name and specimen signature have been communicated in advance to the said returning officer and to the Chief Electoral officer of the State."
According to clause 4, therefore, a candidate is to be deemed to be sponsored by a particular recognised party if and only if the notice mentioned therein is signed by the President, Secretary or other office - bearer of the party. In the Table given at the foot of the notification the symbol of elephant was reserved for the Republican party of India in the States of Maharashtra, Punjab and Himchal Pradesh.

3. It is the common case of the parties that name of the Republican party of India was, by mistake, omitted in the notification of 1st December, 1966, and, therefore, another notification was issued on 14th December, 1966, including inter alia the name of the Republican party of India in paragraph 1 (b) of the notification dated 1st December, 1966, as a multi - Stale party. In the meantime, on 30th August, 1966, Shri Khem Chandra, claiming to be the (general Secretary of the Repubilcan party, had written to the Election Commissioner requesting that "the symbol of the elephant may kindly be allotted to the R.P.I. U. P. under the authority of Shri Halimuddin Rahal Maolaey, M. I. A., President and Shri Khem Chandra, M.L.A., General Secretary." A copy of this representation was forwarded by the Election Commission to Shri B. D. Khobragade who is described as General Secretary of the Republican party of India, for comments, if any. The comments were duly sent and by letter dated 20th December, 1966 (Annexure V to the petition) the Election Commission wrote to Shri Khem Chandra -
"As regards the office bearers for the State of Uttar Pradesh mentioned by you in para 5 of your above - mentioned letter a reference is invited to the Commission's letter. No. 56/11/65/27118, dated the 27th