AJSU PARTY (A POLITICAL PARTY) THROUGH ITS ORGANIZ Vs. ELECTION COMMISSION OF INDIA THROUGH ITS SECRETARY

JUDGEMENT

(1.) The present petition has been preferred mainly against the order passed by the Election Commission of India dated 28th October, 2009 (Annexure-8 to the memo of the petition) whereby the Election Commission of India has refused to allot any specific symbol to the petitioner-party for the reasons that the said party is a registered un-recognised party.

(2.) Learned Counsel for the petitioners vehemently submitted that Order No. 6-A (i) of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as the Order, 1968, for sake of brevity) is under challenge especially for the provision of the percentage of total valid votes must have been secured by the petitioner-party. The fixation of the percentage of total votes under the aforesaid order is ah arbitrary fixation of the percentage. The same is unreasonably excessive so as to thwart the rights vested in the petitioner. Nonetheless, the petitioneivparty is already having two candidates, who were elected in the last State Legislative Assembly Election. Relevant part of the Order, 1968 viz.order Nos. 5 and 6 (A) read as under:

(3.) Learned Counsel for the petitioners has also submitted that various petitions have been preferred under Article 32 as well as under Article 136 of the Constitution of India before Hon'ble Supreme Court by various registered un-recognised parties from different States of the country, who were similarly situated like the petitioner-party. They were also not allotted specific symbols by the Election Commission of India On similar ground upon which petitioner's claim is rejected and the Hon'ble Supreme Court is pleased to pass an interim order in favour of similarly situated petitioner-party in SLP (C) No. 21965 of 2009 as well as in W.P. (C) No. 422 of 2009 as well as in SLP (C) No; 23494 of 2009 and in W.P. (C) No. 426 of 2009. All these interim orders are dated 14th September, 2009 (Annexure-10 to the memo of the petition). Learned Counsel for the petitioners has also submitted that one more similarly situated party, which is registered un-recognised party had preferred a petition before the Hon'ble High Court at Bombay and detailed order has been passed wherein also interim relief has been granted in favour of registered un-recognised party in Writ Petition No. 8248 of 2009 dated 24th September, 2009 (Annexure-11 to the memo of the petition). The said order is passed by the Division Bench of the Hon'ble High Court at Bombay.