SHIROMANI AKALI DAL Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Two writ petitions filed by two political parties; (i) Shiromani Akali Dal (Simranjit Singh Mann) (C.W.P. No. 4091 of 1993) and (ii) Shiromani Akali Dal (Badal) (C.W.P. No. 4587 of 1993 were admitted to be heard by the Full Bench, as common substantial question of law are involved therein.

(2.) With respect to grant of interim relief there was difference of opinion that the matter was referred to another Judge. Now at the final hearing we are not concerned with the issues relating to the grant of interim relief of postponing the elections.

(3.) Broad facts are taken from C.W.P. No. 4091 of 1993 filed by Shiromani Akali Dal (Simranjit Singh Mann). The petitioner-party was derecognised vide order dated 20/11/1992, passed by Deputy Election Commissioner under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter to be referred to as the 'ymbols Order') with the further direction that the aforesaid party shall not be entitled to the exclusive use of Symbol "lion" earlier reserved for it in the State of Punjab. Said political party was to be be treated as un-recognised till its poll performance is again reviewed at the next general election and when held. The poll performance of this political party in the last general elections held in February, 1992 was held to be nil. In the other writ petition filed by Shiromani Akali Dal (Badal) order to the same effect was passed by the Deputy Election Commissioner on 20/11/1992. In this case apart from validity of the aforesaid order being challenged on common ground an other ground is also put forth that the order was passed in violation of the principles of natural justice as no notice of hearing was given to the petitioner. The petitioner as per allegations was not served/duly served in the proceedings.