- (1.) The common challenge in these eleven Writ Petitions and three Special Leave Petitions is to the provisions of Paragraph 6A(i) & (ii), Paragraph 6B(A)(ii), Paragraph 9(a) and (b), Paragraphs 10A, 11, 12(1)(c) and Paragraph 12(3)(a) of the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. However, on account of paucity of time in the light of the election process being set into motion in the State of Tamil Nadu, we decided to focus our attention to the possibility of making a temporary arrangement till the Writ Petitions and the Special Leave Petitions could be decided finally.
(2.) Article 324 of the Constitution of India vests the superintendence, direction and control of the preparation of the electoral rolls for and the conduct of elections in the Election Commission. Since we shall be referring to the said provision hereinafter, the same is extracted hereinbelow : "324. Superintendence, direction and control of elections to be vested in an Election Commission (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice President held under this Constitution shall be vested in a Commission"
(3.) Section 29A of the Representation of the People Act, 1951, which comes under Part IVA thereof, provides for the registration of associations and bodies as political parties with the Election Commission. Since the same will also have an impact on what is indicated hereinbelow, the provisions of Section 29A(1) are extracted below : "29A. Registration with the Election Commission of associations and bodies as political parties. -- (1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.";