- (1.) Bahujan Sena through its President Kumar Vivek Gautam is before this Court assailing the order dated 12.1.2016 passed by Secretary, Election Commission of India, New Delhi-respondent no.3. The petitioner has further prayed for a writ, order or direction in the nature of mandamus commanding the respondents to allow his application dated 14.12.2015 for granting symbol as 'KNIGHT/GUN/SWORDS' and to grant election symbol for contesting the UP State Assembly Election, 2017.
(2.) This much is reflected from the record in question that the petitioner claims to be President of Bahujan Sena having provincial office at M-3/883 Sector H.L.A Colony, Kanpur Road, Lucknow and registered office at Flat No.G-1, Plot No.124-A, Sector-6, Vaishali Vasundhra, P.S. Indirapuram, District Ghaziabad. The petitioner is a political party and registered by Election Commission of India for contesting the elections of Legislative Assembly in the State of UP on 21.8.2015. The petitioner submitted an application before Election Commission of India, New Delhi on 14.12.2015 for allotment of election symbol for contesting the elections of Legislative Assembly. By the impugned letter dated 12.1.2016 the respondent no.3 has refused to grant the election symbol to the petitioner on the ground that application form has been moved before time and at this stage, the prayer of petitioner is not acceptable.
(3.) Learned counsel for the petitioner submits that Section 29-A of the Representation of the People Act, 1951 provides for registration with the Election Commission of Associations and bodies as political parties. The petitioner has proceeded to apply for registration of its association as political party and after completing due formalities the Bahujan Sena has been registered as political party by the respondents. Thereafter it has been claimed that according to law Bahujan Sena is entitled to contest the elections of UP State Legislative Assembly and for contesting the said elections the symbol is necessary. Therefore, according to Para 10-B of the Election Symbols (Reservation and Allotment) Order, 1968 (in short 1968 Order) the petitioner as a President of Bahujan Sena had proceeded to move a detailed application before the Election Commission of India, New Delhi on 14.12.2015 alongwith relevant papers for obtaining the election symbol for contesting the elections of State Assembly and as such, it has been prayed that the election symbol as 'KNIGHT/GUN/SWORDS'[ may be granted to the petitioner for contesting the election in question in the year 2017. After processing his application the Secretary, Election Commission of India vide an order dated 12.1.2016 has rejected the claim for allotment of symbol relying upon on the provisions contained in Para 10-B of the 1968 Order on the ground that application for allotment of symbol has been moved before time.;