DESH RAJ SHARMA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) By way of this writ petition the petitioner (Desh Raj Sharma), claiming himself to be the President of Himachal Vikas Congress as also Himachal Vikas Party, is seeking a direction to be issued to the Election Commission of India to grant temporary permission for contesting the forthcoming municipal election and the bye-election from the Hamirpur Parliamentary Constituency under the banner of Himachal Vikas Party and with the symbol of mobile phone. It is alleged by the petitioner that the nomination process for the forthcoming elections would commence on 02.05.2007.

(2.) It may be pointed out that a Letters Patent Appeal being LPA No. 157/2006 filed by this very petitioner is pending before a Division Bench of this Court. The question there is with regard to the recognition of Himachal Vikas Congress. The Election Commission by its order dated 31.03.2005 had accepted the merger of Himachal Vikas Congress with Indian National Congress and the name of Himachal Vikas Congress had been struck off from the list of political parties maintained by the Commission. It is alleged by the petitioner that the said merger was wrongful and that Mr Sukhram, who was the President at that point of time of the said Himachal Vikas Congress, did not have the authority to bring about the merger with the Indian National Congress. The learned Single Judge, before whom the writ petition was filed, dismissed the same. The petitioner, being aggrieved, had filed the aforesaid LPA, which is pending before the Division Bench. It is also necessary to note that an interim application had been filed in the said LPA and that was disposed of by an order dated 04.12.2006 passed by the Division Bench. The prayer in that application was for an interim direction to the Election Commission allowing the appellant therein to use the election symbol of the political party "Himachal Vikas Congress". The Division Bench disposed of the said application on, inter alia, the following terms:-

(3.) Thereafter, another application was filed by the petitioner in the said LPA No. 157/2006 seeking early hearing and disposal of the Letters Patent Appeal. The reasons for early hearing were the impending municipal elections and the bye-election for the Hamirpur Parliamentary Constituency. After considering the arguments advanced by the counsel for the parties, the Division Bench by an order dated 26.02.2007 disposed of the application in the following terms:-