VADLAMURI KRISHNA SWAROOP Vs. ELECTION COMMISSION OF

JUDGEMENT

(1.) Heard the learned counsel for the appellants, learned counsel for Election Commission of India and the other counsel for the private respondents.

(2.) The genesis of the dispute can be traced to an order of the Election Commission of India whereby a direction granted by this Court to consider the representation by one of the parties to the proceedings has been acted upon and pursuant to which the Election Commission of India proceeded to freeze the symbol allotted to one of the appellants.

(3.) The case of the appellants is that the symbol was allotted to them by the returning officer and thereafter, on representation by the rival political party, the Election Commission of India has taken up the action that was impugned before the learned Single Judge. The learned Single Judge has not been inclined to entertain the writ petition on the ground that the same is not maintainable in view of the specific bar under Article 329(b) of the Constitution of India. In the meanwhile, as postal ballots had already been taken up for counting, this Bench deemed it fit not to interfere with the process and thereafter, the election process was concluded. The matter was heard by this Bench on multiple dates and on 5/8/2024, this Court passed the following order: