SUBRAMANIAN SWAMY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Dr.Subramanian Swamy comes up before us challenging the judgment of the High Court of Delhi whereby his Writ Petition was dismissed. The Writ Petition was filed by Dr. Swamy in his personal capacity, though he claimed therein a mandamus for Janata Party of which he is the President. In the Writ Petition following prayers were made:

(3.) The petitioner contended in this writ petition that Janata Party was a recognized national political party and thus had a reserved symbol of Chakra Haldar. The said Janta Party lost its status as a national party because of its poor performance in General Elections in 1996 and by an order dated 27.9.2000 of the Election Commission, it ceased to be a recognized political party. It is not disputed that the order dated 27.9.2000 has become final and has been upheld right upto this Court. Being a recognized political party of a national and/or State stature it had a reserved symbol being Chakra Haldar, i.e. a farmer carrying Plough within a wheel. As a result of its de-recognition as a recognized political party it lost its right to have exclusive symbol, more particularly due to the provisions of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as "the Symbols Order"). The said Symbols Order owes its existence to a Standing Order No.2959 dated 31st August, 1968 and is passed in exercise of powers conferred by Article 324 of the Constitution of India read with Section 29A of the Representation of People Act, 1951 (43 of 1951) and Rules 5 and 10 of the Conduct of Elections Rules, 1961. It deals with the symbols of the political parties.