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2024 DIGILAW 432 (AP)

Praja Shanthi Party v. Election Commission of India

2024-04-04

B.KRISHNA MOHAN

body2024
JUDGMENT : Heard the party in person and the learned standing counsel for the respondents. 2. This writ petition is filed questioning the action of the respondents in not allotting the common symbol for both assembly and parliament elections having accepted for allotment of symbol to assembly elections in view of the orders passed by the Hon’ble High Court in W.P.No.7420 of 2024 dated 01.04.2024. 3. Earlier also, the similar writ petition was filed vide W.P.No.7420 of 2024, seeking allotment of common symbol either ‘Helicopter’ or any other symbol for the petitioner-party by the respondents therein. After hearing the party in person and the learned Standing Counsel for the Election Commission, this Court passed the order in W.P.No.7420 of 2024 dated 01.04.2024 and the operative portion of the same is as under: “In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is to be seen that the General Elections of the year 2024 for the Parliament and the Legislative Assembly in the State of Andhra Pradesh are fast approaching and as such the application of the petitioner-party dated 19.03.2024 is to be considered in a time frame by the 1st respondent. Since it is pending for scrutiny and consideration of the final request for allotment of any of the common symbol to the petitioner party, the scrutiny of the said application shall be completed on or before 08.04.2024 and the result of the same shall be informed to the petitioner party immediately on the same day and if it is otherwise in order in all aspects as per the proforma and the information furnished, the final decision on the consideration of the said application dated 19.03.2024 upon merits shall be communicated to the petitioner party strictly in accordance with law on or before10.04.2024. For any reason, if the petitioners’ application dated19.03.2024 is not considered finally as per the request made, the petitioner-party is entitled to make a fresh application in proforma duly on or before 12.04.2024 again to the 1st respondent and if so, the same shall be considered strictly in accordance with law.” 4. In the above said orders, the petitioner’s application dated 19.03.2024 was directed to be considered by the 1st respondent therein as stated above. In the above said orders, the petitioner’s application dated 19.03.2024 was directed to be considered by the 1st respondent therein as stated above. It was also further observed therein that, in case the petitioner’s application dated 19.03.2024 is not considered finally as per the request made, the petitioner-party in person, is permitted to make a fresh application in proforma duly on or before 12.04.2024 again to the 1st respondent and if so, the same shall be considered strictly in accordance with law. 5. It appears that in pursuance of the orders passed by this Court in W.P.No.7420 of 2024 dated 01.04.2024, the 1st respondent informed the petitioner that the request for allotment of common symbol to the candidates of petitioner-party in the General Elections to the Legislative Assembly of Andhra Pradesh, 2024 has not been accepted as the symbol proposed by the petitioner has either been allotted to the other party or reserved symbols or not from the list of free symbols. Therefore, advised to propose 10-15 more symbols, if any, in preference from the list of free symbols available on the Commission’s website for the consideration of the Commission by 05.04.2024. The party in person advanced his arguments as submitted in the earlier writ petition i.e., W.P.No.7420 of 2024 dated 01.04.2024. The letter of the 1st respondent dated 15.03.2024, addressed to the petitioner which was not under challenge says that the petitioner’s application dated 19.03.2024, was rejected as the application is incomplete. The said letter dated 15.03.2024, said to have been received on 19.03.2024 by the petitioner-party. The 1st notification by the Parliament to conduct the elections in phased manner with respect to the general elections of the year 2024 was issued on 20.03.2024, whereas the petitioner’s application is dated 19.03.2024 and the notification for the State Assembly Elections in Andhra Pradesh will be issued on 18.04.2024. The new proforma of application has come into force with effect from 11.01.2024 and wide publicity was given through press release dated 04.01.2024. Since the petitioner did not enclose annexure 3 details with the application dated 19.01.2024, the same was rejected as incomplete vide the above said letter dated 15.03.2024, which was not challenged. Admittedly, the said annexure-3 details were sent to the 1st respondent Commission on 02.03.2024 by the petitioner. Since the petitioner did not enclose annexure 3 details with the application dated 19.01.2024, the same was rejected as incomplete vide the above said letter dated 15.03.2024, which was not challenged. Admittedly, the said annexure-3 details were sent to the 1st respondent Commission on 02.03.2024 by the petitioner. Along with the original application only, all the documents and information shall be furnished at a time on the date of submission of the application itself. As per the conditions for Common Symbol Allotment itself, the foot note of the same reads as under: “NOTE: If an application for common symbol is rejected or any of the above mentioned reason(s), it is advised that a fresh duly filled application along with necessary enclosures may be submitted to the Election Commission of India after the reason(s) for rejection of earlier application has (have) been rectified.” 6. Since the said annexure-3 particulars were not attached to the petitioner’s application dated 19.01.2024 at the first submission of the same and furnishing of the same subsequently at a later point of time would not cure the defect. The parties/applicants should be diligent while making the applications itself to see that they have attached all the documents necessary and the other information required to be furnished are furnished strictly as per the proforma required for allotment of common symbol under Para No.10 (B) of Election Symbols (Reservation and Allotment) Order 1968. The scrutiny of every application across the country on first-come-first-served basis will be done and as such, it would take some time for the 1st respondent Commission to scrutinize the individual application and to respond to the concerned applicant even to show the defects made in the application to the said applicant/party. The level playing field for every aspirant/party to contest in the Elections will be one and the same and everybody will be treated alike. The objective criteria is followed by the respondent Commission in all the cases while considering the applications. In this matter, since the fresh application of the petitioner dated 19.03.2024 is beyond window time i.e., less than 5 days of the 1st notification issued for the Parliament, the same cannot be considered for allotment of common symbol for the Parliamentary elections, but it is within the time for assembly elections, as the notification is yet to be issued on 18.04.2024 in the state of Andhra Pradesh for assembly elections. Hence, the said application of the petitioner dated 19.03.2024 is processed and subject to the availability and in terms of the impugned letter dated 02.04.2024 of the 1st respondent addressed to the petitioner, the same will be considered. 7. In view of the orders passed by this Court in W.P.No.7420 of 2024 dated 01.04.2024, no further orders can be passed in this writ petition as there is no infirmity in the letter of the 1st respondent dated 02.04.2024 addressed to the petitioner. 8. Accordingly, the Writ Petition is dismissed. No costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.