AJEYA BHARAT PARTY Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) AJEYA Bharat Party, the petitioner herein seeks to issue a Writ of Mandamus, declaring the action of the Chief Election commissioner, Election Commission of India, new Delhi and the Electoral Officer and E. O, principal Secretary to Government, General administration (Elections) Department, 'h' south Block, A. P. Secretariat, Hyderabad in allowing the 3rd respondent-Praja Rajyam party, represented by its President, konnedala Shiva Shankar Vara Prasad @ mega Star Chiranjeevi to use the petitioner's flag design with symbol, colour and slogan "prajala Rajyam" widely in public meetings including electronic media, which belong to the petitioner registered political party, as illegal, unconstitutional and contrary to the representation of the People Act, 1950 (hereinafter referred to as "the RP Act" ).

(2.) IT is stated that the petitioner is a registered political party, registered under sec. 29a of the RP Act in the year 1998. It is not a recognized party and therefore, no symbol was reserved for it. However, the petitioner, being a registered political party, entitled to preferential consideration in respect of a free symbol over independent candidates under Paragraph-12 of the Election Symbols (Reservation and Allotment) Order, 1968. It is stated that originally the symbol 'bell' was allotted to the petitioner political party, but it was taken away by the Election Commission of India on the ground that it represents hindu Gods. Therefore, the petitioner party made a representation before the Election commission of India on 09. 03. 2009, requesting to allot symbol "rail Engine" in the place of 'bell', since the party is going to contest more than 200 Parliamentary constituencies. It is stated that the 2nd respondent was also requested to allot the "rail Engine" symbol, vide letter dated 16. 03. 2009. The petitioner party participated in the elections in national level in the year 1998 and one Mr. Rudradev Singh was elected as a Member of Parliament from madhya Pradesh out of 110 contesting candidates and in the year 1999 about 170 candidates were participated and contested on behalf of petitioner party. The petitioner party is getting good response for contesting the General Elections to be held in April, 2009 under common symbol, on petitioner party symbol. If the symbol "rail Engine" is not allotted, the party, as well as the contesting candidates will be put to great hardship and irreparable loss, since the election Commission is to conduct General elections in April, 2009 in the entire nation and the candidates of the petitioner party have to file nominations.

(3.) IT is further stated that the petitioner party at the time of registration submitted detailed requisite forms along with three models of flag designs for registration of party name, symbol and flag model. The flag model chosen by the petitioner contains three colours, viz. , Saffron (light colour) White and Green and in centre represented by "rising Sun" which has 24 rays around the sun and the Sun shown with two eyes, nose and mouth as its features. The petitioner party also followed the foot steps of the renowned leaders, namely Father of Nation mahatma Gandhi, Mother Theresa, Jyothirao pule, Dr. B. Ambedhkar and His Holiness maharshi Mahesh Yogi and design which has the slogan "prajala Rajyam". The slogan of the petitioner party and the photo features except the name of His Holiness Maharshi mahesh Yogi including the symbol Sun and two colours out of three had been adopted by the 3rd respondent-Praja Rajyam Party without any authority or locus and as if the petitioner party is isolated and ignored. It is stated that the 3d respondent party has taken everything as if it is granted without verifying the factual basis when it launched its party without verifying the petitioner party's flag and design. It is stated that the 3rd respondent party without verifying the petitioner's flag, symbol, its colour and design before going for registration, trespassed into the rights of the petitioner's registered political party, manifesto and its features. It is for the Election Commission of India to see that there should not be any encroachment of other party flags, colours of the flag and its designs and symbols as well as the its policy.