Hidayatullah, J. - (1.) This judgment will govern Civil Appeal No. 1653 of 1966 and Writ Petition No. 193 of 1966. The appeal has been filed, after, obtaining special leave of this Court, by the Samyukta Socialist Party, through its General Secretary, against the judgment and order of the High Court of Punjab, November 18, 1965, dismissing summarily a petition under Article 226 of the Constitution. The petition has been filed by Mr. Madhu Limaye, M.P., a member of the Samyukta Socialist Party. These two proceedings raise a common question and challenge the action of the Election Commission in allotting the "Hut" as the reserved election symbol to the Praja Socialist Party, which symbol was previously reserved for the Samyukta Socialist Party. The challenge is on the ground of want of jurisdiction and also on the basis of fact. The Rule and Notification where under the action purported to be taken are also challenged as unconstitutional in the petition. The controversy arises in the following circumstances:
(2.) The Praja Socialist Party (popularly known as the P.S.P.) was formed by a merger of the Socialist Party and the Kisan Mazdoor Praja Party (known shortly as K.M.P.P.) and was recognised as a nationalist Party after the First General Election in 1952. The Socialist Party was recognised as a State Party in Uttar Pradesh and Rajasthan and the Union Territory of Manipur after the Second General Election in 1957. In the last General Election of 1962, the Praja Socialist Party was recognised in nine States and the Socialist Party in Uttar Pradesh, Rajasthan and Manipur. The Praja Socialist Party secured 12 seats in the Lok Sabha and 6 went to the Socialist Party. In the Legislative Assemblies the Praja Socialist Party secured 172 seats in 9 States and the Socialist Party 47 seats in 4 States.
(3.) In June, 1964 there was a merger of the Praja Socialist Party and the Socialist Party and a new party, called the Samyukta Socialist Party, emerged. The Samyukta Socialist Party contested four bye-elections and the elections in Kerala but there was a deterioration in the total number of seats. The union, therefore, was short lived. On January 31, l965, even at the inaugural meeting of the National Ad hoc Committee held at Banaras the two Parties broke as under. The Praja Socialist Party claims that this restored the position as it was before the merger while the Samyukta Socialist Party claims, that the merger was final and the Samyukta Socialist Party as the united Party continues although some members have been guilty of defection.;