PRAJARAJYAM PARTY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) HEARD Sri vedula Venkata Ramana, learned Senior counsel appearing for the petitioner and sri C. P. Sarathy, learned Senior Counsel representing Smt. C. Jayasree Sarathy, learned Standing Counsel appearing for respondents 1 and 2, who took notice on their behalf. At their request and with their consent, the writ petition itself is taken up for disposal.

(2.) THE petitioner herein, a political party registered by the respondents herein, but yet to be recognized as provided under the process of law, files this writ petition, inter alia, seeking a writ of mandamus assailing the correctness of the impugned order dated 20. 1. 2009 in proceedings No. 56/ 09, PPS-II, passed by the first respondent herein rejecting the request and not allotting a common free symbol to the candidates of the petitioner-political party with regard to the ensuing Assembly/parliamentary elections in March/april 2009, as arbitrary, discriminatory and irrational and consequently to set aside the same and direct the first respondent to allot the common free symbol (as shown at Sl. No. 51 in Part-IV, Rail engine) to the candidates set up by the petitioner-party in the ensuing Assembly/ parliamentary elections likely to be held in march/ April, 2009.

(3.) BRIEFLY stated, the facts of the case, which are not in dispute, are that the petitioner is a just born political party, which was registered in the month of August 2008. The case of the petitioner is that it has decided to contest the Elections for all 292 assembly Constituencies and 42 parliamentary Constituencies. It claims that the membership of the party is to the tune of about 50 lakhs and the said figure is likely to go further by the time of Elections. The petitioner claimed that several sitting m. L. As and M. Ps from other parties have resigned and joined with it. The petitioner submitted a representation on 1. 12. 2008 to the first respondent herein for allotment of a common symbol for the purpose of elections to Lok Sabha and Legislative assembly of Andhra Pradesh for apt identification of its candidates uniformly. However, the said request has been rejected by the first respondent under the impugned order dated 20. 1. 2009 on the grounds that only political parties which are recognized as national or state parties are entitled for allotment of exclusive/common symbol; like the petitioner, 250 registered but unrecognized parties exist as on today, but none of them have been allotted any common symbol. It is only after fulfilling conditions for recognition under Para 6a or 6b of The Election symbols (Reservation and Allotment) Order, 1968, such allotment is permissible. Case of telangana Rashtra Samithi being allotted a common symbol, following the orders of the court, cannot be precedent. In respect of telugu Desam Party, the Commission did not allot common symbol, but only directed for preference. So candidates of the petitioner party have to choose from the free symbols and they will be given preference over independent candidates. Hence the writ petition.