NIRAJ BIHARI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Claiming himself to be the President of Janata Dal, Chhotanagpur Santhal Pargana Region, the petitioner has approached this Court through the medium of writ petition C.W.J.C.No.3620 of 1997(R) seeking the following reliefs :

(2.) The learned Single Judge of this Court dismissed the writ petition vide his judgment dated 7th Sept., 2004 with the following observation:-

(3.) The petitioner, who has appeared in person, has argued this matter challenging the judgment of the writ Court primarily on the ground that the writ Court has failed to appreciate the contents of para-15 of the Election Symbols(Reservation and Allotment) Order, 1968. It is submitted that in para 15 of the order of 1968, reference is made only to one recognised political party and therefore, the order of the Election Commission dated 22nd July, 1993 recognising two political parties namely Janata Dal(A) headed by Sri. Ajit Singh and other Janata Dal(B) headed by S. R. Bommai is illegal and contrary to para-15 of the Election Symbols (Reservation and Allotment) Order, 1968. It is further submitted that under para 15 of the said order only one recognised political party is to be allotted the Symbol and hence the order passed by the Election Commissioner be quashed and direction be issued to the Election Commission to incorporate the name of the petitioner in the Notification Santhal Pargana and a further direction be issued to authorise the petitioner to allot symbols to the candidates for Assembly, Council, Lokshabha and Rajya Shabha elections.