ARUN CHANDRA GHOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application for a rule nisi for writs and orders in the nature of mandamus, prohibition and certiorari.

(2.) THE petitioner is a resident of purulia town and is the Secretary of a political party known as Lok Sevak sangha, Purulia. It is claimed that the candidates of the said political party intend to contest the elections in the several constituencies of Purulia, both in the parliamentary and assembly constituencies in the General Election due to be held from February 19, 1967, to february 26, 1967. The petitioner's case is that the main provisions relating to symbols are to be found in: (i) Rules 4 and 5 of the Conduct of Election rules, 1961, and Sub-rules (4), (5) and (6) of Rule 10, (ii) Forms 2a, 2b and 7a and (iii) Notifications of the Election commission. According to the petitioner, symbol voting is one of the essential steps to give to the principle of adult suffrage as enunciated in article 326 of the Constitution.

(3.) MR. Arun Kumar Dutt, learned advocate for the petitioner, submitted that "due constitution" of the Houses of legislature in the context of adult suffrage could only mean symbols for election in parliamentary and assembly constituencies, such symbols to be chosen by candidates subject to restrictions in their choice. In other words, symbolical voting is one of the essential matters or steps for "due constitution" of parliament and Legislative Assembly, it was next argued that failure to provide by legislation or rules adequate machinery regarding symbols under Rule 5 vitiated the election in parliamentary and assembly constituencies and for that reason such election could not be regarded as "due constitution" of the houses as contemplated by article 328 of the Constitution.