ASHOK PANDEY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THIS petition in the nature of public interest litigation has been filed by an Advocate who prays for freezing the symbols like Hand, Sun, Star, Clock, Lantern, Inkpot and Pen, Bulb, Chair, Table Stool, Book, Candles, Envelop, Umbrella, Hand Pump, Spectacles, Almirah, Black Board, Briefcase, Ceiling Fan, Cup and Sucer, Cot, Spoon, Glass-Tumbler, Kettle, Jug, Lock and Key, Neck-tie, Coat, Hat Bangles, Rings and Lady's Purse being in violation of the provisions of Section 130 of the Representation of the People Act, 1950.

(2.) THE argument is that these symbols cannot be allowed in view of Section 130 of the Representation of the People Act, 1950 (hereinafter referred to as the Act). Section 130 of the Act prohibits canvassing within the polling station or in any public or private place within a distance of hundred metres of the polling station. Section 130 of the Act is being quoted below:- " 130. Prohibition of canvassing in or near polling stations.--(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:- (a) canvassing for votes; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2)Any person who contravenes the provisions of sub-section (1) shall be punishable within fine which may extend to two hundred and fifty rupees. (3)An offence punishable under this section shall be cognizable.

(3.) IT appears that after receipt of the said order, the petitioner made another representation dated 22.1.2009. This time he included all those symbols which were mentioned in the aforesaid order and gave certain other symbols which according to him cannot be allotted, in view of section 130 of the Act, 1950.