JHARKHAND PARTY (A POLITICAL PARTY) THROUGH ITS PRINCIPAL SECRETARY, ASHOK KUMAR BHAGAT Vs. ELECTION COMMISSION OF INDIA THROUGH ITS SECRETARY, NEW DELHI

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 unrecognised party.

(2.) LEARNED counsel for the petitioners vehemently submitted that Order No. 6A(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 an arbitrary fixation of the percentage. The same is unreasonably excessive so as to thwart the rights vested in the petitioner. Nonetheless, the petitioner -party 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: '' "5. Classification of symbols. ''

(3.) IN view of these orders, it is submitted by learned counsel for the petitioners that let the matter be admitted looking to the contentious issues raised in this petition and looking to the prima facie case, balance of convenience and irreparable loss, which may be caused to the petitioners, let a similar interim relief may be granted, which has been granted by the Hon'ble Supreme Court as well as by Hon'ble High Court at Bombay in various matters.