Vinay Joshi, J. - (1.) Heard the Petitioner in-person and learned Counsel for the respective respondents.
(2.) The challenge in this Public Interest Litigation (PIL) is to the Constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968 ("the Symbols Order"), as well as to the validity of explanation added to Section 77 and to the Section 78-A of the Representation of the People Act, 1951 ("the 1951 Act"). The challenge is based on the premise of violation of Article 14 of the Constitution of India.
(3.) The petitioner has prayed for the following reliefs in his petition : "a. Freeze the presently reserved symbols for a period of 20 years. b. Stay the effect, operation and execution Election Symbols (Reservation and Allotment) order 1968. c. Grant ex-parte ad-interim relief in terms of prayer clause b. d. Pass orders to allot unreserved election symbols to all candidates at the same time before elections. It be further clarified that candidates of the same party but from different constituencies should have different symbols. Alternatively the photograph of the candidate may be displayed on the EVM/Ballot paper. e. Pass orders to hold no classification as recognized party and unrecognized party. f. Declare the Election Symbols (Reservation and Allotment) Order 1968 made by The election Commission of India as Illegal, arbitrary and unconstitutional as it is violative of Art.14 of The Constitution. g. Hold explanations to Sec 77 of RP Act 1951 as ultra vires and cause it to be understood as interpreted by the Honourable Supreme Court in Kanwar Lal Gupta vs Amar Nath Chawla and Ors on 3 October, 1974 and declared Sec 78 of The RP Act 1951 as unconstitutional. h. Pass orders to grant equivalent privileges to all candidates in an election. I. Grant any other relief and pass such other order as this Hon'ble Court may deem fit and proper in facts and circumstances of the case and in the interest of justice.;