VENKATARAITIEGOWDA R.K. Vs. ELECTION OFFICER

JUDGEMENT

(1.) The petitioner is a member of the State Vokkaligara Sangha (for short 'Sangha'). A notification was issued by the State Election Officer of the Sangha, on 01.10.2013, for conducting election to the Executive Committee of the Sangha. The State Election Officer appointed the Returning Officers, on 07.11.2013, to various Centers. A notification dated 28.11.2013 was issued by the respondent No. 2 i.e., the Election Officer, Hassan District, for conducting election to the Executive Committee of the Sangha from Hassan District. Out of 35 seats for the Executive Committee of the Sangha, Hassan District has three seat The petitioner submitted his nomination form on 16.12.2013 and opted for allotment of a symbol out of three symbols i.e., 'Cow', 'Twin Coconut Trees', and 'Peacock'. The petitioner was allotted the symbol 'Cow'. Having noticed that another candidate Sri. G.L. Manjunatha Swamy, contesting from Hassan District, has been allotted the symbol 'Seeme Cow' and apprehending that the allotment of similar type of symbols would lead to confusion and anomalies in the mind of the voters, petitioner submitted a representation dated 21.12.2013, requesting the 2nd respondent, to allot him the symbol - 'Peacock'. The 2nd respondent issued an endorsement dated 21.12.2013, as at Annexure-G, declining to allot the symbol 'Peacock', on the ground that the same has already been allotted on 20.12.2013 to one Sri. J.M. Shivakumar and the final list of candidates has been announced and the election process has commenced. Assailing the said endorsement, this writ petition was filed on 26.12.2013.

(2.) Sri Vighneshwar S. Shastri, learned advocate contended that the endorsement vide Annexure-G issued by the 2nd respondent is arbitrary and illegal. He submitted that the 2nd respondent has failed to note that the petitioner was allotted the symbol of 'Cow' and another candidate Sri G.L. Manjunatha Swamy has been allotted the symbol 'Seeme Cow' and the same would lead to confusion and anomalies and as such, the genuine request of the petitioner could not have been refused. Learned counsel further submitted that in Bangalore City, the Returning Officer has only allotted serial numbers and in Hassan District, symbols have been allotted and thereby, there is anomaly and whole election process and the procedure adopted by the 2nd respondent being discriminatory, warrants interference. Learned counsel contended that the endorsement issued by the respondent No. 2 being highly unjust and illegal, if not set aside, it would make the petitioner suffer injustice.

(3.) The facts, which are not in dispute are, that a notification dated 01.10.2013 was issued by the 1st respondent for conducting election to the Executive Committee of the Sangha. Respondent No. 2, being the Election Officer, Hassan District, issued and published the 'calendar of events' on 28.11.2013. Petitioner filed his nomination form on 16.12.2013 and opted for allotment of any one symbol out of three symbols viz., Cow, Twin Coconut Trees, or Peacock, in the order on priority. The last date for withdrawal of nominations being over and the final list of candidates having been prepared and published with their respective election symbols, on 20.12.2013, the petitioner submitted a representation on 21.12.2013 and sought allotment of election symbol 'Peacock', which has been allotted on 20.12.2013 in favour of J.M. Shivakumar. In the notification issued publishing the calendar of events on 28.11.2013, it has been notified as follows:-