SAMAJWADI FORWARD BLOC PARTY REP BY ITS NATIONAL PRESIDENT Vs. ELECTION COMMISSION OF INDIA, NEW DELHI, REP BY ITS SECRETARTY AND & ANOTHER

JUDGEMENT

(1.) This writ petition seeks to issue a writ more particularly, one in the nature of writ of mandamus declaring the action of the 1st respondent in unilaterally proposing to strike down the "Truck" symbol allotted to the petitioner political party during the elections held to the Telangana State Legislature Assembly, 2018 without issuing any notice as being illegal, arbitrary, violative of principles of natural justice, violative of Articles 14 and 19 of the Constitution of India besides, violative of provisions of the Representation of People Act, 1951 and contrary to the provisions of Election Symbols (Reservation and Allotment) Order, 1968 (for short, "the Election Symbols Order") and; consequently direct the 1st respondent to desist from the proposed action and to extend the concession of allotting "Truck" symbol to the petitioner party in the ensuing elections 2019 to be held to the House of People, as also the Legislative Assemblies in all the States including the State of Andhra Pradesh, to meet the ends of justice.

(2.) Facts that gave rise to the lis, briefly stated are:- petitioner is a registered political party viz., (Samajwadi Forward Bloc) party, ("petitioner party" for short), sought for grant of common symbol to its candidates set up in various constituencies in the State of Telangana during 2018 elections vide application dated 18-09-2018. In pursuance thereof, the 1st respondent vide proceedings dated 29-09-2018 allotted common symbol "Truck" to the petitioner party. Two more applications were made on 03-10- 2018 and 23-10- 2018 to allot "Truck" symbol to its candidates contesting in all the 119 constituencies in the State of Telangana. Purportedly, when 1st respondent remained un-sensitised to the applications made by it, petitioner party moved a writ petition, being WP No.40816 of 2018 and in the meanwhile, the 1st respondent issued proceedings dated 15-11-2018 allotting common symbol "Truck" to all the candidates of the petitioner party and since the issue was resolved, the writ petition came to be closed as infructuous by order dated 16-11-2019.

(3.) The grievance of the petitioner party is that the General Secretary and the President of the 2nd respondent party, (Telangana Rastra Samithi) symbol "Car" made representations seeking to delete certain symbols, one among them being the "Truck" symbol allotted to the petitioner party solely on mere apprehension, not supported by any iota of evidence, that it resembles their party symbol "Car" from the free symbols list of States of Telangana and Andhra Pradesh. The petitioner party also alleges that at the behest of the 2nd respondent party, the 1st respondent has recommended for removal of the symbol "Truck" from the list of free symbols in the States of Telangana and Andhra Pradesh. According to the petitioner party the design of the symbol "Truck" is distinct and there is no scope for confusion among the electorate with the design of the symbol "Car" and "Truck". That the 2nd respondent party itself was formed for the separate Statehood of Telangana and from the day of its inception, till date, at no point of time it had contested elections in Andhra area districts now forming part of the residuary State of Andhra Pradesh. Hence, the conclusion reached by the 1st respondent to delete the "Truck" symbol allotted to the petitioner party on the ground that it resembles to the reserved symbol (Car) is without any material and justification.