Madhya Pradesh High Court
Savarn Samaj Party vs Election Commission Of India on 2 November, 2018
1 WP-26027-2018
The High Court Of Madhya Pradesh
WP-26027-2018
(SAVARN SAMAJ PARTY Vs ELECTION COMMISSION OF INDIA)
1
Jabalpur, Dated : 02-11-2018
Shri S.M. Guru, learned counsel for the petitioner.
Shri Siddharth Seth, learned counsel for the Election Commission of India.
Shri Sheetal Tiwari, learned counsel for the proposed Intervenor.
Heard.
The petitioner has been registered by the Election Commission of India on
09.12.1994 as a Registered Political Party under Section 29-A of the Representation
of Peoples Act, 1951.
On 23.07.2018, the petitioner party through its President submitted a letter
under Clause 10-B of the Election Symbol (Reservation) and Allotment Order, 1968
for allotment of common symbol for the upcoming Assemble Election in the State
of Madhya Pradesh. Thereafter, on 22.09.2018, application for allotment of common
symbol has been given to the State Election Commission and the same has also been
forwarded to the Election Commission of India on 22.09.2018. On 18.10.2018, the
Election Commission of India has rejected the request of the petitioner for allotment
of common symbol in view of internal dispute within the party. This action has been
challenged in the present writ petition on the ground that the Election Symbol
(Reservation) and Allotment Order 1968, and Representation of People Act, 1951 no
where prohibits that the political party having any internal dispute cannot be allotted
common symbol and prayed that the impugned order be quashed and respondents
no.1 and 2 be directed to issue common symbol to the petitioner.
Shri Siddharth Seth, who is appearing on behalf of the respondent no.1 on advance copy has prayed for time to seek instructions in the matter.
Shri Sheetal Tiwari, Advocate for the proposed intervenor opposed the prayer and has submitted that the petitioner without any authority issued the first list of the candidates for the upcoming election on 24.10.2018.
Learned counsel for the petitioner has drawn our attention to letter dated 01.11.2018 issued by the Chief Election Officer, Madhya Pradesh and submitted that the representation of the petitioner and proposed intervenor is pending before the Election Commission of India and, therefore, the same may be decided expeditiously Digitally signed by MOHAMMAD TABISH KHAN Date: 03/11/2018 13:34:24 2 WP-26027-2018 because the last date of filing of nomination form is 09.11.2018. As per the communication dated 15.10.2018, the Election Commission of India considering the fact that there is an internal dispute in the party with regards to its office bearers and there is no authorized office bearers of the party as per record of the commission, withdrawn the symbol allotted to the Present of Savarn Samaj Party.
Prayer for time to seek instructions in the matter has been vehemently opposed by learned counsel for the petitioner on the ground that today is last working day and after Diwali vacation the Court will be reopen on 12.11.2018 and therefore, this petition be disposed of with a direction to the respondent no.1 to decide the pending representations.
Considering the aforesaid, without commenting on merits of the case, in case, if any representation of the petitioner and the proposed intervernor is pending before the Election Commission of India then the same shall be dealt with strictly in accordance with law and if there is no bar for deciding the same by respondent no.1. authority then the same shall be decided expeditiously, as early as possible, prior to the last date of filing of nomination form i.e. 09.11.2018 With the aforesaid, the petition is disposed.
Certified copy today.
(P.K. JAISWAL) (B. K. SHRIVASTAVA)
JUDGE JUDGE
Tabish
Digitally signed by MOHAMMAD
TABISH KHAN
Date: 03/11/2018 13:34:24