RAMASHANKAR KAUSHIK Vs. ELECTION COMMISSION OF INDIA
LAWS(SC)-1973-11-17
SUPREME COURT OF INDIA
Decided on November 14,1973

RAMASHANKAR KAUSHIK Appellant
VERSUS
ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

- (1.) Before Independence the Congress Socialist Party functioned as a group inside the Indian National Congress. After Independence it had to quit the Congress, and because known as the Socialist Party. On the eve of the general election in 1952 another group of persons came out of the Congress. They formed a new party called the Krishak Mazdoor Praja Party. The Socialist Party and the Krishak Mazdoor Praja Party participated in the first general election. 'Tree' was the symbol of the Socialist Party; 'Hut' of the Krishak Mazdoor Praja Party. Some time in 1953 the two parties merged together and formed a new party called the Praja Socialist Party (hereinafter called the P.S.P.). It was allotted the symbol of 'Hut'. This unity was not long lived. In 1956 a group of persons came out of the P.S.P. They re-formed the Socialist Party. The Socialist Party was allotted the symbol 'Tree'. The P.S.P. retained its symbol 'Hut'. The two parties participated in the second general election in 1957 with their respective symbols. In 1964 the P.S.P. and the Socialist Party merged to form a new party called the Samyukta Socialist Party (hereinafter referred to as the S.S.P.). This party was allotted the symbol 'Hut'. This unity also was short lived. In 1965 there was a split. One group came to be known as P.S.P., and the other as S.S.P. The P.S.P. got back its old symbol 'Hut'; the S.S.P. got the symbol 'Tree'. They participated in the general election of 1967 and bye-elections in 1969 with their respective symbol. The urge for unity was again strongly felt after the general election to the Lok Sabha in 1971 in which both parties made a very pooor showing. It appears that on May 25, 1971, a joint meetint of the Chairman and General Secretaries of the P.S.P. and the S.S.P. was held to draft an agreement for merger of the two parties for consideration by the two parties. They succeeded in hammering out a draft agreement. The draft agreement was entitled the "basis for the unification of the S.S.P. and the P.S.P." It is a long document. It laid emphasis on a broadbased unity of all democratic socialists who have genuine commitment to democratic socialism. It expressed the hope that "the unification of the S.S.P. and the P.S.P. can be a precursor to such a broadbased socialist consolidation." According to it, the "primary task of the unifited Socialist Party will be to build an effective organisational instrument which will lead people's struggle for economic equality, social mobility and meaningful participation of the people in building a socialist economy". The document uses the expression "United Party" in various clauses. For instance, it says: "The United Party will pursue an integrated price policy whose important elements will be: (1) Parity between the prices of the agricultural produce and industrial goods: (2) the price of essential commodities not to exceed 1 1/2 items the cost of production including the transport charges; (3) assurance of a remunerative price for the agricultural produce and elimination of occasional fluctuations in price; and (4) Socialisation of the wholesale trade in foodgrain and other essential commodities and their effective distribution through co-operative agencies". As regards organisational unification of the S.S.P. and the P.S.P., the agreement provided for the formation of a National Ad-hoc Committee comprising of the National Executive Committees of the S.S.P. and the P.S.P. The National Ad-hoc Committee of the United Party would appoint office-bearers of the new party and also set up ad-hoc committees at State level. It was decided that "the name of the United Party will be Socialist Party". The National Ad-hoc Committee would prepare the membership pledge for the "New Party" and would fix up the membership year and the date and venue of the first National Conference of the United Party. The document is signed by Sarvsri N. G. Goray, Karpoori Thakur, Prem Bhasin and George Fernandes. The draft agreement was approved by a Special National Conference of the S.S.P. held at Bharhiya in Bibar on June 19, 1971. The Conference approved the proposal "relating to S.S.P. and P.S.P. unification". An identical resolution was passed by the Special National Conference of the P.S.P. held at Bulandshahr in U.P. on August 7 and 8, 1971. It appears that after the passing of these two resolutions, the S.S.P. and the P.S.P. formed a new party called the Socialist Party. A National Ad-hoc Committee of the Socialist Party was constituted. The National Ad-hoc Committee held its first meeting in the Constitution Club, New Delhi on August 9 and 10, 1971, 51 members of the Committee were present in the meeting. Seven special invitees also attended the meetinng. The Committee took several decisions. Sri Karpoori Thakur and Sri Madhu Dandavate were elected unanimously as Chairman and General Secretary of the party. The Committee ratified the agreement arrived at amongst the General Secretary of the "erstwhile S.S.P.", the General Secretary of the "erstwhile, P.S.P." and the Chairman of the "old I.S.P." regarding the representation of the old I.S.P., Socialist Party (U. P.), Socialist Party (Bihar) and the Socialist Party (West Bengal) in the National Ad-hoc Committee of the Socialist Party. The Chairman and the General Secretary were authorised to take a decision in the matter of giving representation in the Committee to the I.S.P. (Bihar) and other groups which decided to merge in the Party. The Committee also took a decision as regards the Party flag. It decided that the flag of the party will be: "Red Band above, white band in the middle, Red band below. Insignia of wheel and plough to be painted in red in the middle of the white band." No final decision could be taken on the election symbol, and the issue was postponed for consideration in the next meeting. Certain decisions were taken in regard to the formation of State Ad-hoc Committees and District Committees of the Socialist Party. Decision was also taken in regard to membership of the Socialist Party. The form of membership was also adopted. Sri Madhu Dandavate, General Secretary of the Socialist Party, despatched copies of the resolutions of the National Ad-hoc Committee of the Socialist Party to the State and District units on August 14, 1971. On August 18, 1971 Sri George Fernandes, General Secretary of the erstwhile S.S.P. sent a letter to the Election Commissioner. An identical letter proceeded simultaneously to the Election Commissioner from Sri Prem Bhasin, General Secretary of the erstwhile P.S.P. Both these letters state that the S.S.P. and the P.S.P. have "now merged...to form the new Socialist Party" Sri George Fernandes requested the Election Commissioner to allot the symbol "Tree" to the Socialist Party. Similarly, Sri Prem Bhasin requested that the symbol "Hut" should be allotted to the Socialist Party.
(2.) On August 23, 1971 Sri Surendra Mohan, Joint Secretary of the Socialist Party, sent a letter to the Chief Election Commissioner along with the two aforesaid letters as enclosures. His letter states that "both these parties have now merged along with some others to create the Socialist Party". The letter concluded by saying that until a request for reservation of symbol was made by the Socialist Party, the symbol 'Hut' and 'Tree' should not be allotted to any other party. It appears that the National Ad-hoc Committee of the Socialist Party met in Lonavala on October 22, 23 and 24, 1971 and took a decision as regards its election symbol. It opted for the symbol 'Tree'. Accordingly, on November 5, 1971 Sri Surendra Mohan sent another letter to the Chief Election Commissioner for reservation of the symbol 'Tree' to the Socialist Party. Paragraph 1 of the letter states that the 'Tree' symbol which was reserved for the S.S.P. should be reserved for the Socialist Party. Paragraph 2 states that the 'Hut' which was reserved for the P.S.P. should be frozen. It should not be allotted to any other party nor included in the list of symbols. After considering various documents and hearing some of the leaders of the erstwhile S.S.P. and P.S.P. as also a few persons who were opposed to the merger of various parties and formation of the Socialist Party, the Chief Election Commissioner passed an order on November 15, 1971. He came to the conclusion that the Socialist Party was entitled to be recognised as a National Party. He has also recorded this finding. "In the circumstances, the Commission will not be unjustified in coming to the conclusion that the P.S.P. and the S.S.P. does no longer subsist as a separate political party after the formation of the Socialist Party by the amalgamation of these two parties and some other groups". As regards the dissidents who opposed Sri Surendra Mohan's request, he said "In any case the existence of a few dissident members in the P.S.P. or the S.S.P. cannot be regarded as a ground for the continued existence of the P.S.P. and S.S.P. as separate National Political Parties". On these findings he decided that "the newly formed Socialist Party formed by the merger of S.S.P. a National Party. P.S.P., anoher National Party, and other political parties, such as the Indian Socialist Party, is a National Party for the purposes of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter to be referred as the Order), and that symbol 'Tree' shall be reserved exclusively for that party and be allotted to it". This narrative brings to close the first chapter of the story. We shall now pass on to the second chapter of the story.
(3.) Somewhere in the middle of April, 1972 Sri Ramashankar Kaushik declared in a Press Conference that Sri Maniram Bagri was elected as the General Secretary of the Socialist Party in place of Sri Madhu Dandavate. This declaration was questioned by others in the Socialist Party and proved to be a harbinger of fissure in the Socialist Party. On May 13, and 14, 1972, certain persons calling themselves as delegates of the Poona Conference of the S.S.P. and certain members of the P.S.P. and I.S.P. assembled at Allahabad. The meeting was convened by Sri Maniram Bagri. The meeting decided to annul "the ad-hoc merger of the S.S.P. and P.S.P." On May 21, 1972, Sri Maniram Bagri sent a letter to the Election Commission. Therein he stated that the unity between the S.S.P. and P.S.P. was void. The Allahabad assembly has decided to dissolve this unity and has given rebirth to the Socialist Party. He requested that the 'Tree' symbol should be allotted to the reborn Socialist Party.;


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