N. P. Singh, J. - (1.) The validity of an order dated 21-2-1992 passed by the Chief Election Commissioner of India withdrawing the recognition of Janata Dal (Samajwadi) as a national party, in exercise of the power vested in the Election Commission under paragraphs 6 and 7 of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as the 'Symbols Order') is being questioned in this appeal.
(2.) The appellant was recognised as a national political party on 16-4-1991. The general elections to the Lok Sabha and to the legislative Assemblies of the States of Assam, Haryana, Kerala, Tamil Nadu, Uttar Pradesh, West Bengal and the Union Territory of Pondicherry were held in the months of Apri- June, 1991. A statement showing the number of votes polled by the appellant at the aforesaid general elections held in the months of April, 1991 showing the performance of the appellant at the poll was prepared by the Election Commission and thereafter a show cause notice dated 4-12-1991 was issued to the appellant by the Election Commission as to why the recognition of the appellant as a national party should not be withdrawn under the provisions of the symbols order. The General Secretary of the appellant respondent to the aforesaid notice by his letter dated 15-1-1992 seeking three months time to submit the reply on behalf of the appellant, as the party was collecting information from its State units. The time for filing the reply to the shows cause notice was extended. It was filed on 5-2-1992. A stand taken on behalf of the appellant that once recognition has been given to the party as a national party there was no provision in the Symbols Order for withdrawal of the said recognition. It was also asserted that the performance of a party for purpose of recondition or derecognition has to be judged when the elections are held in all the States within Union of India and not only on basis of elections held in only some of the States. It was pointed out that no elections have been held in respect of State Assemblies of several States like Andhra Pradesh, Bihar, Goa, Orissa, etc. However, the impugned order was passed by the Election Commission withdrawing the recognition of the appellant as a national party and forfeiting the right of the party for the exclusive use of the symbol 'Woman carrying pot on her head, which had earlier been reserved for the appellant. The Election commission held in the impugned order that a party once recognised cannot claim the recognition in perpetuity and it has to show a minimum electoral support for continued recognition in terms of paragraphs 6 and 7 of the Symbols Order.
(3.) Paragraph 2(h) of the Symbols Order defines "political party" to mean an association or body of individual citizens of India registered with the Commission as a political party under Section 29 (A) of the Representation of the People Act, 1951. Paragraph 3 requires every association or body of individual citizens of India to make an application to the Commission for its registration as a political party under Section 29(A) of the aforesaid Act. Symbol is to be allotted to a contesting candidate in accordance with the provisions of the said Order. Paragraphs 6 and 7 which are relevant for the present dispute are reproduced below:- "6. Classification of political parties- (1) For the purposes of this Order and for such other purposes as the Commission may specify as and when necessity thereof arises, political parties are either recognised political parties r unrecognised political parties. (2) A political party shall be treated as a recognised political party in a State, if and only if either the conditions specified in clause (A) are, or the condition specified in clause (B) is, fulfilled by that party and not otherwise, that is to say- (A) that such party- (a) has been engaged in political activity for a continuous period of five years; and (b) has, at the general election in that State to the House of the People, or, as the case may be, to the Legislative Assembly, for the time being in existence and functioning returned- either (i) at least one member to the House of the People for every twenty-five members of that House or any fraction of that number elected from that State; or (ii) at least one member to the Legislative Assembly of that State for every thirty members of that Assembly or any fraction of that number; (B) that the total number of valid votes by all the contesting candidates set up by such party at the general election in the State to the House of the People, or as the case may be, to the Legislative Assembly for the time being in existence and functioning (excluding the valid votes of each such contesting candidate in a constituency as has not been the total number of valid votes polled by all the contesting candidates in that constituency) is not less than four per cent of the total number of valid votes polled by all the contesting candidates at such general election in the State (including the valid votes of those contesting candidates who have forfeited their deposits). (3) For the removal of doubts it is hereby declared that the condition in clause (A) or (B) of sub-paragraph (2) shall not be deemed to have been fulfilled by a political party if a member of the House of the People or the Legislative Assembly of the State becomes a member of that political party after his election to that House, or, as the case may be, that Assembly. "7. Two categories of recognised political parties-(1)If a political party is treated as a recognised political party in accordance with paragraph 6 in four or more States, it shall be known as, and shall have and enjoy the status of, a "National party" throughout the whole of India; and if a political party is treated as a recognised political party in accordance with that paragraph in less than four States, it shall be known as, and shall have and enjoy the status of, a "State party" in the State or States in which it is a recognised political party. (2) Notwithstanding anything contained in sub-paragraph (1), every political party which immediately before the commencement of this Order is a multi-State party shall, on such commencement, be a National party and shall continue to be so until it ceases to be a National party on the result of any general election held after such commencement. (3) Notwithstanding anything contained in sub-paragraph (1), every political party which immediately before the commencement of this Order is in a State a recognised political party, other than a multi-State party as aforesaid shall, on such commencement, be a State party in that State and shall continue to be so until it ceases to be a State party in that State on the result of any general election held after such commencement." ;