V.N. Khare, N.B. Asthana, JJ. - (1.) By means of this petition under Article 226 of the Constitution petitioners pray that a writ of mandamus order or direction in the nature of mandamus be issued directing the Election Commission of India, New Delhi not to register the Samajwadi Party of which Sri Mulayam Singh Yadav is the President as unrecognised political party, it is also prayed that a writ of mandamus, order or direction in the nature of mandamus be issued directing the Election Commission to hear the petitioners before considering the application of respondent No. 2 for registration of Samajwadi Party under the provision of Section 29-A of the Representation of People Act, 1951 (hereinafter referred to as the Act).
(2.) The petitioners allege that a party known as Socialist Party of which petitioner No, 2 is the President was registered by the Election Commission of India as an recognised political party by an order dated 25th October, 1981 and on that basis petitioners contested the elections held for Parliament as well as Assemblies seats through out the country. It is stated that the petitioners are known in the country and have acquired good-will of the people. It is further alleged that Sri Mulayam Singh Yadav has formed a party known as Samajwadi party and has given an application to the Election Commission for registration of Samajwadi Party as unrecognised political party for the purpose of contesting elections for the Parliament as well as for the Assembly seats. The petitioners further allege that Hindi translation of Socialist Party is Samajwadi Party and in fact petitioner No. 1 it known as Samajwadi Party in the Hindi speaking area and as such the Samajwadi Party cannot be registered with the Election Commission.
(3.) We have heard learned counsel for the parties. Admittedly, the application submitted before the Election Commission for registration of Samajwadi Party is engaging the attention of the Election Commission. In fact that Election Commission is seized with the matter. In view of this, we feel that it would be inappropriate for us to enter into the question as to whether the Samajwadi party could be registered with the Election Commission or not. We, therefore, decline to entertain the first relief sought by the petitioners.;