(1.) This writ petition has been filed with a prayer for giving a direction upon the Chief Election Commissioner, New Delhi, Election Commissioner, Bihar and the Election Officer, Kishanganj-cum-Sub-Divisional Officer, Ramdeo Yadav to withdraw from respondents Nos. 5 and 6 the symbol of Bicycle and Elephant in the ensuing Assembly Election to be held in Bihar. The said symbol has been allotted to the Samajwadi Party and Bahujan Samaj Party and should have been allotted to the petitioner and the further contention of the petitioner is that he, as the official candidate of that party, is entitled to the said symbol.
(2.) The petitioner's case is that he has been allotted 'Apple' as a symbol but the grant of symbol of Bicycle and Elephant to respondents Nos. 5 and 6 will prejudice his election inasmuch as the petitioner at the time of filing his nomination paper had opted for the Bicycle symbol.
(3.) After hearing learned counsel for the parties and considering the contention of the writ petitioner this writ petition is being disposed of at the stage of admission itself by the following order.