HARSHDEV SINGH MLA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Petitioner has presented this petition seeking to quash para 6(2)(b) of the Election Symbols (Reservation and allotment) Order, 1968 (hereinafter referred to as 'Symbols Order 1968') as ultra vires and to issue appropriate directions for setting aside the order dated 29-8-1997 issued by respondent No. 1 whereby the recognition granted to the Jammu and Kashmir Panthers Party as a State party in the J and K State in terms of paras 6 and 7 of the Symbols Order 1968 as well as under the provisions of the Jammu and Kashmir Conduct of Election Rules, 1965, has been withdrawn thereby disentitling the party to exclusively use the symbol 'Bicycle' for the purpose of election.

(2.) The petition was initially heard by the learned single Judge who has referred it to the larger bench for disposal.

(3.) The petitioner has projected in the petition that the Jammu and Kashmir Panthers Party is a recognised State party in the State of Jammu and Kashmir, under the Symbols Order 1968 and the symbol of 'Bicycle' has been reserved for the party for the purposes of election to the House of the People and to the State Legislature in the State. The party was so recognised in 1985 and contested election in 1987. Respondent No. 1, has, by the impugned order, withdrawn the recognition on the ground that the party has not secured 4 per cent. votes in terms of para 6(2)(b) of the Symbols Order 1968. The petitioner has challenged the impugned order being illegal, improper, unconstitutional and ultra vires Article 14 of the Constitution. He has further averred that the Panthers Party had secured 4.80 per cent. votes in the general election of 1996 to the House of People in the State. The exclusion of votes secured by the defeated candidates who did secure less than 1/12th of the valid votes polled in the Assembly Election, is not justiciable and is ultra vires Article 14 of the Constitution. He has also pleaded that the National Conference (J and K) Party did not participate in the Lok Sabha election in 1996 and no such action was taken against that party and the Panthers Party has been, as such, discriminated.