KANHIYALAL OMAR versus R.K. TRIVEDI & ORS.

KANHIYALAL OMAR versus R.K. TRIVEDI & ORS.

The Election Symbols (Reservation and Allotment) Order, 1968, issued by the Election Commission under Article 324 of the Constitution read with rules 5 and 10 of the Conduct of Election Rules, 1961, is valid. The Commission's plenary powers encompass issuing directions necessary for the conduct of elections, including recognition of political parties and allocation of election symbols. Such directions are not subordinate legislation requiring separate delegation from Parliament. The Order does not suffer from lack of authority or improper delegation.

Parties
Petitioner: Kanhiya Lal; Respondent: R.K. Trivedi & Ors.
Jurisdiction
India
Judgment Date
24 September 1985
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Powers of Election Commission, Election Symbols Order, Delegated Legislation, Recognition of Political Parties
Constitutional Law Election Law Powers of Election Commission Election Symbols Order Delegated Legislation Recognition of Political Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Kanhiya Lal

Petitioner

R.K. Trivedi & Ors.

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the Election Symbols (Reservation and Allotment) Order, 1968 is legislative in character and could have been validly issued by the Election Commission.
  2. 2 Whether the Election Commission has authority to issue the Symbols Order regarding specification, reservation, and allotment of election symbols.
  3. 3 Whether the recognition and registration of political parties by the Election Commission is authorized and consistent with the Constitution.

Ratio Decidendi

The Election Symbols (Reservation and Allotment) Order, 1968, issued by the Election Commission under Article 324 of the Constitution read with rules 5 and 10 of the Conduct of Election Rules, 1961, is valid. The Commission's plenary powers encompass issuing directions necessary for the conduct of elections, including recognition of political parties and allocation of election symbols. Such directions are not subordinate legislation requiring separate delegation from Parliament. The Order does not suffer from lack of authority or improper delegation.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed accordingly