LOKSANGRAM Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2018-11-229
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on November 29,2018

Loksangram Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

K.K.SONAWANE,J. - (1.) Rule. Rule made returnable forthwith. Heard finally with the consent of both the sides.
(2.) The petitioner No.1 is the un-recognised political party, registered with the State Election Commission, Maharashtra under the notification dated 3.4.2012. Rest of the petitioners are the alleged candidates set up by the petitioner No.1 Loksangram political party for contesting the ensuing elections of the Dhule Municipal Corporation - 2018. The petitioners made demand of common symbol "Whistle" specified at Sr.No. 49 in the list of free symbols appended to the aforesaid notification dated 3.4.2012. Unfortunately, the petitioner did not succeed in the attempt to get common symbol "Whistle" to contest the election of Dhule Municipal Corporation 2018. Being aggrieved by the action of allocation of a different symbol than the symbol "Whistle", the petitioners rushed to this court and preferred the present writ petition to redress their grievances.
(3.) The learned Senior Counsel Shri. Dhorde for the petitioner assailed that the act of respondent - Returning Officer allocating the different election symbol than the symbol "Whistle" to each of the petitioners, is highly objectionable, arbitrary and not within the purview of law meant for allotment of election symbol to the contesting candidates. He submits that the petitioners are the members of "Loksangram" a unrecognised registered political party. As per the election programme, petitioners filed their nomination form and made demand of election symbol "Whistle", as preferential symbol. The petitioners also furnished their affidavit and made declaration that they are the candidates sponsored by "Loksangram" - registered political party. Therefore, petitioners placed demand of common election symbol "Whistle" from the free symbol list, for contesting the elections from concerned ward.;


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