SUBRAMANIAN SWAMY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The present writ petition is filed by Dr.Subramanian Swamy, who claims himself to be the President of Janata Party.

(2.) By filing the said petition, the petitioner has challenged the constitutional validity of paragraph 10A of the Election Symbols (Reservation and Allotment) Order, 1968. Another prayer which is incorporated in the writ petition is that the aforesaid para 10A should be re-drafted in line with requirement of Article 14 of the Constitution of India. One of the contentions that were raised was that the Janata Party, although is not a recognised political party today, cannot be deprived of the exclusive use of its election symbol known as "Chakra Haldhar", which was a reserved symbol of Janata Party when it was functioning as a recognised national political party.

(3.) It is an admitted position that the said Janata Party lost its status as a national party due to its inability to get requisite percentage of votes and seats in the Legislature in the general elections of 1996. De-recognition of the Janata Party as a national party is not under challenge. The petitioner has also not challenged the criteria fixed by the Election Commission. In fact Janata Party has ceased to be a recognised party both at the national level and at the state level. An order was passed on 27th September, 2000 by the Election Commission of India whereby Janata Party ceased to be a recognised as a state political party, consequent upon which it has also lost the right to the exclusive use of the aforesaid symbol of "Chakra Haldhar". The writ petition was subsequently amended and an amended writ petition was filed, which was taken on record after allowing the prayer for amendment. In the said amended writ petition also the Constitutional validity of paragraph 10A of the Election Symbols (Reservation and Allotment) Order, 1968 is the principal issue, which is raised and is required to be decided by us in the light of the submissions made by Dr.Subramanian Swamy, who appeared in person and the submission of the learned counsel appearing for the Election Commission of India.