TARAN SHANKER SINGH Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) THIS petition has been filed for the issue of a writ of man damus directing the Election Commission er of India not to hold the general As sembly Elections for the constituency Varanasi Cantonment scheduled to be held on February 24, 1974. The petitioner has also prayed for a writ in the nature of mandamus to direct the Election Com missioner and the Returning Officer to decide his application dated January 17, 1974 for enabling him to select 'Ass' as his election symbol.

(2.) FROM the facts, as they appear on the petition and as stated by the learn ed counsel, the petitioner intended to contest the election from 241 Varanasi Cantonment Assembly Election Constitu ency .and desired to have an 'Ass' as his symbol. For this purpose on January 17, 1974, he submitted an application to the Returning Officer and sent a similar ap plication to the Election Commissioner, requesting that the petitioner may be al lotted the symbol of 'Ass' at the time of his election. No orders, according to the petitioner, were passed on this applica tion.

(3.) LEARNED counsel has urged that once a citizen intends to contest en elec tion he has a right to select a symbol of his choice and because he had indicated that he would have a symbol of 'Ass', the Returning Officer had no choice but to allot him that symbol. By not allotting that symbol the petitioner's right to seek free election has been affected and hence he has filed this petition for a mandamus to restrain the respondents from holding the election.