T D RAJALAKSHMI Vs. DISTRICT ELECTION OFFICER ERNAKULAM

JUDGEMENT

(1.) This writ petition has been filed by a candidate who contested the by-election to No. 72 Ernakulam Assembly constituency to the Kerala Legislative Assembly. She was supported by a national political party called "Bharatheeya Janatha Party". She challenges the withdrawal of symbol 'conch' allotted to her initially by the Returning Officer.

(2.) The case put forth by the petitioner in the writ petition is condensed thus : The nomination paper submitted by the petitioner was found valid by the second respondent Returning Officer. Subsequently, Ext. P1 notice was issued to her stating that symbol to the contesting candidates would be allotted at 3 p.m. on 20-5-1998 and she was also requested to be present on the said occasion. Pursuant to the said notice she attended the meeting at the relevant time along with other candidates. A list of free symbols as contemplated under sub-clause (2) of Clause 12 of the Election Symbol Reservation and Allotment Order, 1968 was made available at the meeting and she selected the symbol 'conch'. As there was no other claimants for the symbol 'conch' it was allotted to the petitioner. However, she was surprised to hear from the newspapers that the symbol 'conch' allotted to her had been withdrawn and instead symbol 'aeroplane' given. This was done when the petitioner had already started her election compaign exhibiting her election symbol as 'conch'. However, the Ext. P2 notice specifying the symbols allotted to the candidates was affixed at the premise of the residence of the petitioner. From Ext. P2 it was found that the symbol allotted to her is 'aeroplane'. The respondents effected this change of symbol without issuing any prior notice and she was not heard before doing so. With these allegations the petitioner prayed for a declaration that the withdrawal of symbol 'conch' was patently illegal.

(3.) When this writ petition came up for admission before a learned single judge on 25-5-1998 it was referred to a Division Bench since according to the learned Judge an important question arises for consideration. Accordingly this writ petition came up before the Division Bench which declined to grant any interim relief though it was admitted. The petition, C.M.P. No. 15852 of 1998 seeking direction to the Election Commission to consider the postponement of polling date to some other date in view of the alleged violation of the provisions of the law by respondents 1 and 2 was withdrawn by the petitioner. However, the counsel for the petitioner prayed for an early disposal of the writ petition.