KANHIYA LAL OMAR Vs. R K TRIVEDI

JUDGEMENT

(1.) In this petition filed under Art. 32 of the Constitution the petitioner challenges the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as 'the Symbols Order) which is issued by the Election Commission (hereinafter referred to as 'the Commission). The principal contention urged by the petitioner in support of his contention is that the Symbols Order which is legislative in character could not have been issued by the Commission because the Commission is not entrusted by law the power to issue such- an order regarding the specification, reservation and allotment of symbols that may be chosen by the candidates at elections in parliamentary and assembly constituencies. It is further urged that Art. 324 of the Constitution which vests the power of superintendence, direction and control of all elections to Parliament and to the Legislature of a State in the Commission cannot be construed as conferring the power on the Commission to issue the Symbols Order.

(2.) It is necessary to set out the relevant provisions of law having a bearing on the above question at the outset for a proper appreciation of the contentions urged on behalf of the petition. Art. 324(1) of the Constitution reads thus:

(3.) Articles 327 and 328 of the Constitution which vest the power of making provisions with respect to elections on Parliament and the Legislatures in the States read as follows: