Shabihul Hasnain, AND Mr. Justice Pradeep Kant, J. - (1.) THIS petition in the nature of public interest litigation has been filed by an Advocate who prays for freezing the symbols like Hand, Sun, Star, Clock, Lantern, Inkpot and Pen, Bulb, Chair, Table Stool, Book, Candles, Envelop, Umbrella, Hand Pump, Spectacles, Almirah, Black Board, Briefcase, Ceiling Fan, Cup and Sucer, Cot, Spoon, Glass-Tumbler, Kettle, Jug, Lock and Key, Neck-tie, Coat, Hat Bangles, Rings and Lady's Purse being in violation of the provisions of Section 130 of the Representation of the People Act, 1950.
(2.) THE argument is that these symbols cannot be allowed in view of Section 130 of the Representation of the People Act, 1950 (hereinafter referred to as the Act). Section 130 of the Act prohibits canvassing within the polling station or in any public or private place within a distance of hundred metres of the polling station. Section 130 of the Act is being quoted below:- " 130. Prohibition of canvassing in or near polling stations.--(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:- (a) canvassing for votes; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2)Any person who contravenes the provisions of sub-section (1) shall be punishable within fine which may extend to two hundred and fifty rupees. (3)An offence punishable under this section shall be cognizable. The petitioner had earlier made a representation to the Election Commission of India raising his grievance against the allotment of symbol 'Hand' and to ban the flag of Indian National Congress. The said representation has been rejected by the Election commission of India vide order dated 26.4.2007. The order says that just because 'Hand' is a part of human body, it is not sufficient enough reason to object to it as an election symbol and that the symbol of 'Hand' has been reserved for the last almost three decades. While rejecting the representation, the Election Commission of India also observed that there are several other election symbols which represent articles of daily use found in or around the polling stations, such as ceiling fan, table chair, stool, clock, inkpot and pen, cup and saucer, lock and key etc. The Commission further observed that if any symbol is misused inside the polling station for soliciting votes, there are provisions for taking action. As regards the flag of the Indian National Congress, the attention was drawn to the order dated 8th April 2004 passed by the Supreme Court, in S.L.P. (C ) No. 6195 of 2004 in re:- B.R. Krishna Bhatt vs Union of India and others.
(3.) IT appears that after receipt of the said order, the petitioner made another representation dated 22.1.2009. This time he included all those symbols which were mentioned in the aforesaid order and gave certain other symbols which according to him cannot be allotted, in view of section 130 of the Act, 1950. Sri Ashok Pandey, who appears in person, vehemently urged that these symbols are necessarily found in or around the polling booth within the prohibited distance and therefore, the same be freezed.;