UMED SINGH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The present petitions have been filed by the petitioners impugning the letter and list dtd. 27/3/2024 issued by the respondent - Election Commission of India ('ECI'). It is further sought that the petitioners be allowed to contest the ongoing Lok Sabha Election as party candidate/s of the Akhil Bharat Hindu Mahasabha ('ABHM'), a registered unrecognized political party, on its symbol and the respondent be directed to issue symbol and accept Form A and Form B from the petitioner as a candidate of the ABHM.

(2.) The petitioner in W.P. (C) 6691/2024 is stated to be the member of the ABHM since 27/11/2019 and appointed as President of the Haryana State unit of ABHM by the National President of the ABHM, namely, Sushree Rajyashree Chaudhuri whereas petitioner in W.P. (C) 6724/2024 is stated to be the member of the ABHM since 6/2/2003. The petitioners intend to contest the ongoing Lok Sabha Election as a party candidate of ABHM on its symbol.

(3.) As per Clause 13 of the Election Symbols (Reservation and Allotment) Order, 1968 read with Form A and Form B of the Symbols Order, in order to contest elections on behalf of a political party on its reserved symbol, the political party is required to: a. Furnish to the Returning Officer and Chief Electoral Officer in Form A signed by the President/Secretary of the party the name and specimen signature of such person authorised to intimate the names of the candidates proposed to be set up by the party at the election. b. Send a notice to the Returning Officer in writing in Form B signed by the person authorized by the party in its Form A certifying that a particular candidate is contesting elections on behalf of the party.