P. J. JOSEPH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The captioned appeals are preferred by the petitioners in the writ petition challenging the common judgment of the learned single Judge in W.P.(C) Nos. 18556 and 18638 of 2020, whereby the learned single Judge upheld the order of the Election Commission of India passed in favour of Kerala Congress (Mani), a political party, by a majority of 2:1, granting the symbol 'two leaves', in favour of the group led by Sri. Jose K Mani after finding that there was a split in the Kerala Congress (Mani) resulting in the formation of the two rival groups i.e., one led by Sri. Jose K. Mani and the others led by Sri. P. J. Joseph, each claiming to be that party, invoking the powers conferred under paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 ('Symbols Order, 1968' for brevity).

(2.) It was, thus, challenging the legality and correctness of the order passed by the Election Commission of India that the writ petitions were filed by Sri. P.J. Joseph as well as one Sri. Kuriakose P.C alleged to be a State Committee member.

(3.) The learned single Judge, on assimilation of the factual and legal circumstances, found that the order passed by the Election Commission of India, had taken into account the legal, and factual circumstances available on record, and did follow the principles of law laid down by the Apex Court in its judgments in Sadiq Ali and another v. the Election Commission of India, New Delhi and others , 1972 AIR(SC) 187, All Party Hill Leaders Conference, Shillong v. Captain W.A. Sangma and others , 1977 4 SCC 161, A.C. Jose v. Sivan Pillai and others , 1984 2 SCC 656, Kanhiya Lal Omar v. R.K. Trivedi and others , 1986 AIR(SC) 111, Subramanian Swamy v. Election Commission of India , 2008 14 SCC 318 and others specifically referred to, and hence held as follows: