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Harshdev Singh, Mla vs Election Commission Of India And Anr. on 27 January, 1998 cites

Bhim Singh, President J&K Panthers ... vs Election Commissioner Of India And Anr. on 4 April, 1996

4. Respondent No. 1 has filed objections slating therein that the petition is not maintainable against para 6(2) (b) of the Symbols Order 1968 as the said provision has been amended by the Election Symbols (Reservation and allotment) Amendment Order 1997 and para 6(2)(b) of the Symbols Order 1968, in the form in which it then existed, is no longer in existEnce and has been substituted by para 6(2)(b) by providing 2-A being saving provision. The said provision of amended law has not been challenged. The petitioner is guilty of suppressio veri having suppressed in this petition the fact of filing Writ Petition No. 5026/97 titled J & K Panthers Party v. Election Commission of India before the Delhi High Court challenging the impugned order which has been withdrawn on 12-12-1997 as the same was bound to be dismissed and no second petition for the same relief is maintainable. The provisions of para 6(2)(b) are intra vires and not illegal, unconstitutional or discriminatory for attracting Article 14 of the Constitution. The yardstick applied by respondent No. 1 in case of the Panthers Party for withdrawing its recognition, was similarly applicable to all the political parties throughout the country and many political parties which were recognised as State parties have lost recognition like Panthers Party. The petitioner is not entitled to seek relief unless his party had secured 4 per cent, votes excluding the votes secured by the defeated candidates who have not secured more than l/12th of the polled votes in a particular constituency. The classification placed in paras 6 & 7 has been made on rational basis which has nexus which is laudable and in the public interest to be achieved.
Supreme Court of India Cites 8 - Cited by 2 - Full Document
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