KANNADA NADU PARTY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) "kannada Nadu Party" represented by its President Sri Rathnapal A. Shetti is the petitioner before this Court. In this petition filed under Arts. 226 and 227 of the Constitution, petitioner seeks a writ of certiorari, to quash the impugned communication of the Election Commission of india to the petitioner bearing No. S6/54/2003/j. S. III/1376 dated 20-1-2004, wherein the Commission has rejected the request of the petitioner for allotment of common symbols for its candidates in the ensuing elections to the House of the People and legislative Assembly of the State of karnataka.

(2.) ). ON an application filed by the petitioner under Sec. 29-A of the Representation of the People Act, 1951, ('act 1951' for short) for its registration as a political party, the Election Commission of India has registered the petitioner "kannada Nadu Party" as a political party for the purpose of the act, 1951. The intimation of registration issued by the Election Commission to the petitioner vide its communication dated 16-9-2003 is as under :

(3.) AFTER its registration as a political party, petitioner by its request letter dated 9-1-2004 has made a request to the Election Commission, to allot common symbols for the candidates contesting in the ensuing elections to the House of the People and assembly elections during the year 2004. In response to the request so made, the Election Commission, relying on the provisions of the Election Symbols (Reservation and allotment) Order, 1968 ('symbols Order' for short), by its communication bearing No. 56/54/2003/j. S. III/1376 dated 20-1-2004 has informed the petitioner that their request for allotment of common symbols cannot be considered for the reasons stated therein. The communication of the Election commission requires to be noticed and therefore, it is extracted and it is as under : "election COMMISSION OF INDIA nirvachan SADAN, ashoka ROAD, NEW DELHI. No. 56/54/2003/j. S. III/1376 dated 20-1-2004 to the President, kannada Naadu Party, giriraj Annexe, Circuit House Road, hubli 580 029. Karnataka. Subject: Registered unrecognised political parties Request for reservation/exclusive allotment of an election symbol Regarding. Sir, i am directed to refer to your letter dated 7-1-2004 on the subject cited, and to state that the election symbols are reserved for exclusive allotment to only those parties that have been recognised by the Election Commission either as National Parties or State parties under the provisions of paras 6a and 6b of the Elections Symbols (Reservation and Allotment) Order, 1968. Your party is a registered unrecognised political party and, therefore, is not entitled for either reservation or exclusive allotment of any election symbol. The candidates set up by registered unrecognised political parties shall have to choose one of the symbol included in the list of free symbols. Allotment of symbol in such cases is done by the Returning Officer of the constituency in accordance with the provisions of the Symbols Order, 1968 referred to above. The candidates set up by your party will however be given preference over independent candidates at the time of allotment of symbols. The Commission has not approved the request for amendment of the provision of the symbols order. Yours faithfully, sd/- (K. F. WILFRED)UNDER SECRETARY. "