ORDER : Manish Choudhury, J. Heard Mr. S.H. Sikdar, learned counsel for the petitioners; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1 & 4; and Mr. R. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] for the respondent nos. 2 & 3. 2. By a Notification dated 07.03.2025, the Assam State Election Commission [ASEC] notified the process of election to 36 [thirty-six] nos. of General Council Constituencies of the Rabha Hasong Autonomous Council to elect members of the Rabha Hasong Autonomous Council and accordingly, election schedule was also notified. As per the Notification, the last date for filing of nominations was 15.03.2025 and after scrutiny and withdrawal of nomination papers, the date for publication of list of contesting candidates was fixed on 19.03.2025. 3. The petitioners, 4 [four] in nos., have stated that they are members of the party, All India Trinamool Congress, which is recognised as a State party in the States of Meghalaya and West Bengal and their memberships are with All India Trinamool Congress, Assam Pradesh. The petitioners have been provided party tickets by All India Trinamool Congress, Assam Pradesh to contest the election to the Rabha Hasong Autonomous Council and accordingly, the petitioners submitted nomination papers for contesting the election to Rabha Hasong Autonomous Council Election - 2025 from different constituencies of Kamrup [Rural] District. On 12.03.2025, the President of All India Trinamool Congress, Assam Pradesh submitted an application before the Assam State Election Commission requesting allotment of the party symbol of All India Trinamool Congress, ‘Flowers & Grass’ for candidates who submitted nomination papers on behalf of All India Trinamool Congress, Assam Pradesh in the Rabha Hasong Autonomous Council Election - 2025. The Chief Election Commissioner, Assam State Election Commission after considering the application submitted on behalf of All India Trinamool Congress, Assam Pradesh has passed an Order on 12.03.2025 observing that the party symbol of All India Trinamool Congress, Assam Pradesh, ‘Flowers and Grass’ should be allotted to the candidates nominated by All India Trinamool Congress, Assam Pradesh as per Paragraph 10 of the Elections Symbol [Reservation & Allotment] Order, 1968 of the Election Commission of India. 4. For ready reference, the Order passed by the Election Commissioner, Assam State Election Commission on 12.03.2025 is reproduced hereinbelow :- ASSAM STATE ELECTION COMMISSION JURIPAR, PANJABARI, GUWAHATI - 781037. 4. For ready reference, the Order passed by the Election Commissioner, Assam State Election Commission on 12.03.2025 is reproduced hereinbelow :- ASSAM STATE ELECTION COMMISSION JURIPAR, PANJABARI, GUWAHATI - 781037. Website : https://sec.assam.gov.in e-mail : sec-secretary@assam.gov.in No. SEC.08/2025/21 Dated 12 th March, 2025 Order Perused the application submitted by All India Trinamool Congress – Assam Pradesh, dated 12.03.2025 requesting the State Election Commission to allocate them the symbol ‘Flowers & Grass’ for contesting in the upcoming Rabha Hasong Autonomous Council Election, 2025. As per records dated 23.03.2024, the Election Commission of India (ECI) vide its Notification no. 56/25/2024/PPS-II[SP] has recognised All India Trinamool Congress as a state party in the states of Meghalaya and West Bengal with the symbol ‘Flowers & Grass’. As per paragraph 10 of the Elections Symbols [Reservation & Allotment] Order, 1968 of ECI, as amended upto August, 2016 : [10 Concession to candidates set up by a State Party at elections in other States or Union Territories : If a political party which is recognised as a State Party in some State or States, sets up a candidate at an election in a constituency in any other State or Union Territory in which it is not a recognised State party, then such candidate may, to the exclusion of all other candidates in the constituency, be allotted the symbol reserved for that party in the State or States in which it is a recognised State Party, notwithstanding that such symbol is not specified in the list of free symbols for such other State or Union Territory, on the fulfilment of each of the following conditions, namely :- [a] that an application is made to the Commission by the said party for exclusive allotment of that symbol to the candidate set up by it, not later than the third day after the publication in the Official Gazette of the notification calling the election; [b] that the said candidate has made a declaration in his nomination paper that he has been set up by that party at the election and that the party has also fulfilled the requirements of clauses [b], [c], [d] and [e] of paragraph 13 read with paragraph 13A in respect of such candidate; and [c] that in the opinion of the Commission there is no reasonable ground for refusing the application for such allotment. Provided that nothing contained in this paragraph shall apply to a candidate set up by a State Party at an election in any constituency in a State in which that party is not a State Party and where the same symbol is already reserved for some other State Party in that State.] Since All India Trinamool Congress is recognised as a state party in the States of Meghalaya and West Bengal, therefore under the provisions of paragraph 10 of the Elections Symbols [Reservation & Allotment] Order, 1968 of ECI as provided above, the party 1s permitted to use the symbol of ‘Flowers & Grass’ as produced below, for contesting in the upcoming Rabha Hasong Autonomous Council Election, 2025. Name of Political Party Allotted Symbol All India Trinamool Congress The symbol ‘Flowers & Grass’ Should be allotted to the candidates nominated by All India Trinamool Congress as per the provisions outlined in the paragraph 10 mentioned above. 5. The petitioners have approached this court by the instant writ petition with a grievance that they have been issued candidates’ identity cards wherein the petitioners’ party name, All India Trinamool Congress, Assam Pradesh has not been reflected and the petitioners are shown as independent candidates by the respondent no. 4, who is the Election Officer for Kamrup [Rural] District. 6. When the writ petition was moved on 26.03.2025, Mr. Dubey, learned Standing Counsel, Assam State Election Commission [ASEC] had sought time till today to obtain instructions in the matter from the respondent nos. 2-4. 7. Today, Mr. Dubey has placed an Office Letter no. E-89450/ELE- 22/263/2023-KEL/1020 dated 27.03.2025 of the respondent no. 4, addressed to the Secretary, Assam State Election Commission giving clarification regarding non-assignment of the party name, ‘All India Trinamool Congress, Assam Pradesh’ to the petitioners. 8. On perusal of the Office Letter dated 27.03.2025, it is noticed that the respondent no. 4 has referred to a Letter dated 21.03.2025 of the President, All India Trinamool Congress, Assam Pradesh and has observed that in the nomination papers submitted by the four petitioners, none has categorically and correctly stated that they are set up by All India Trinamool Congress, Assam Pradesh. He has further observed as under :- It is further to be noted that in its letter vide Letter no. He has further observed as under :- It is further to be noted that in its letter vide Letter no. APTMC/CEQ/01/25 Dated 21.03.2025 submitted to Assam State Election Commission by President Assam Pradesh Trinamool Congress in Para 3 it has been stated as follows - ‘Our candidates had already submitted Form ‘A’ and Form ‘B during the nomination dated 15.03.2025, but Assam State Election Commission has allowed our candidates to contest the forthcoming Rabha Hasong Autonomous Council Election 2025 as an independent Candidates with the ‘Flower and Grass’ symbol. Which states that ASEC has allowed candidates set up by AITC in the Rabha Hasong Autonomous Council Election 2025 to contest as Independent Candidates with ‘Flower and Grass’ symbol. In view of the above, symbol of ‘Flower and Grass’ was allotted to the four candidate stated above by concerned AROs based on their symbol preference as well as on submission of Form A & B. 9. From the projections made by the petitioners and from the Office Letter dated 27.03.2025 of the respondent no. 4, it has emerged that the petitioners have been allotted the party symbol of All India Trinamool Congress, Assam Pradesh, ‘Flower and Grass’ by the respondent no. 4, but they are allowed to contest as independent candidates. 10. It is not in dispute that the party, All India Trinamool Congress, is a recognised state party in the States of Meghalaya and West Bengal with the symbol, ‘Flowers and Grass’. From Para 10 of the Elections Symbol [Reservation & Allotment] Order, 1968 of the Election Commission of India, as amended, it is discernible that if a party which is recognised as a State party in some State or States, sets up a candidate at an election in a constituency in any other State or Union Territory in which it is not a recognised State party, then such candidate may, to the exclusion of all other candidates in the constituency, be allotted the symbol reserved for that party in the State or States in which it is a recognised State party, notwithstanding that such symbol is not specified in the list of free symbols for such other State or Union Territory, on the fulfilment of the conditions delineated in Clause [a] to Clause [c]. The provisions containing Para 10 is quoted in the Order dated 12.03.2025 of the State Election Commissioner, Assam State Election Commission. 11. The provisions containing Para 10 is quoted in the Order dated 12.03.2025 of the State Election Commissioner, Assam State Election Commission. 11. From a reading or Clause [a] to Clause [c], it is discernible that if an application is made to the State Election Commission by any recognised party in the afore-stated manner for exclusive allotment of that party’s symbol to the candidates set up by it and the candidates have made a declaration in their nomination papers that they have been set up by that party at the election and the party fulfils all other requirements then such candidates should not only be allotted the concerned party’s symbol, but also should be recognised as candidates from that particular party. In the Order dated 12.03.2025, the State Election Commissioner, Assam State Election Commission has already observed that the symbol, ‘Flowers and Grass’ should be allotted to the candidates nominated by All India Trinamool Congress, Assam Pradesh for the election to the Rabha Hasong Autonomous Council Election, 2025. 12. It is not in dispute that the petitioners have submitted their Form ‘A’ and Form ‘B’ with their nomination papers. Further, the President, All India Trinamool Congress, Assam Pradesh also wrote the State Election Commission informing that the symbol is not reserved for any other party in the State of Assam by the Election Commission of India and their candidates should be allotted the symbol in the Rabha Hasong Autonomous Council Election-2025. By a letter dated 15.03.2025, the President, All India Trinamool Congress, Assam Pradesh also forwarded the name of the authorised person for signing Form-‘B’ to the State Election Commission. 13. The State Election Commissioner, Assam State Election Commission in the Order dated 12.03.2025 has specifically observed that the party [All Assam Trinamool Congress] is permitted to use the symbol of ‘Flowers & Grass’ for contesting the upcoming Rabha Hasong Autonomous Council Election-2025. A party can use the symbol only through its nominated candidates and its participation in the election can be recognized only if its nominated candidates are shown as its candidates. Otherwise the Order dated 12.03.2025 would bear no meaning if the candidates nominated and allowed by the party to contest in the Rabha Hasong Autonomous Council Election-2025 are permitted to contest the election as independent candidates only and not as nominated candidates of the party, All India Trinamool Congress. 14. Otherwise the Order dated 12.03.2025 would bear no meaning if the candidates nominated and allowed by the party to contest in the Rabha Hasong Autonomous Council Election-2025 are permitted to contest the election as independent candidates only and not as nominated candidates of the party, All India Trinamool Congress. 14. It is noticed that by a Notification dated 22.11.2023 of the Assam State Election Commission, the symbol, ‘Flower & Grass’ was allowed to be used by the contesting candidates from All India Trinamool Congress in the North Cachar Hill Autonomous Council Election 2023/24. 15. In view of the Order dated 12.03.2025 passed by the State Election Commissioner or Assam State Election Commission; submission of the nomination papers including Form ‘A’ and Form ‘B’ by the petitioners for the ensuing Rabha Hasong Autonomous Council Election, 2025 as nominated candidates of All India Trinamool Congress; and the observations made hereinabove, this Court is of the considered view that the petitioners should not only allowed to use the party symbol of the All India Trinamool Congress, ‘Flowers and Grass’ but they should also be allowed to contest in the election candidates from the party, All India Trinamool Congress, Assam Pradesh. In such view of the matter, the petitioners’ candidates identity cards should be issued with the symbol accordingly. The respondent no. 4 is further directed to take the necessary steps in respect of the Ballot Papers to be printed for the ensuing Rabha Hasong Autonomous Council Election, 2025 scheduled on 02.04.2025. 16. With the observations made and directions given above, the writ petition is allowed to the extent, indicated above. There shall, however, be no order as to cost. 17. Mr. Dubey, learned Standing Counsel, ASEC is requested to convey and/or communicate the observations and directions made by this Court to the State Election Commission as well as to the respondent no. 4 for compliance.