JUDGMENT Badar Durrez Ahmed, J.
1. This writ petition pertains to the allotment of the symbol 'bicycle' to the petitioner for the 57-Paharganj Assembly Constituency. The symbol 'bicycle' is a reserved symbol for the Samajwadi Party in the States in which it is recognised as a State Party, i.e., in Uttar Pradesh and Uttaranchal. In Delhi, the Samajwadi Party is not a recognised State Party. However, under paragraph 10 of the Election Symbols Order, a concession is granted to recognised State parties which contest elections in other States where they are not so recognised to be allotted the same symbol which is reserved for them in the States in which they are recognised as a State Party. In this case, the petitioner belongs to the Samajwadi Party and has opted for the symbol 'bicycle'. In a similar petition being CW7639/2003, a similar question was raised by the candidates of the Jammu & Kashmir National Panthers Party (JKNPP) which had also sought the allotment of the symbol 'bicycle' for their candidates contesting the elections in Delhi. Like the Samajwadi Party, the JKNPP is a recognised State Party in Jammu & Kashmir, but is not a recognised State Party in Delhi. They also sought the allotment of the symbol 'bicycle' in terms of the paragraph 10 of the Election Symbols (Reservation and Allotment) Order 1968 (hereinafter referred to as 'the Election Symbols Order'). By a detailed judgment and/or order that petition was dismissed on 20.11.2003. For the same reasons, the present petition would also not be maintainable.
3. Learned counsel for the petitioner, however, has additionally urged that in view of Rule 10 of the Conduct of Election Rules, 1961 and in particular sub-Rule 4 thereof, if there are more contesting candidates, than one, who have indicated their first preference for the same symbol, the Returning Officer is required to decide the allotment on the basis of draw of lots. Learned counsel appearing for the Election Commission has pointed out that in Rule 10 (4) itself it is indicated that the allotment of symbols shall be subject to any general or special directions issued in this behalf by the Election Commission. According to him, the election symbols were allotted on a special direction issued in this behalf and they have acted in terms of the said Election Symbols Order. Paragraph 10 of the Election Symbols Order only grants a concession to parties which are recognised State parties in some other States and would like to retain their reserved symbol in other States where they are not so recognised. In all other respects, the symbols which had been allotted to them in the States in which they are not so recognised, are not available for allotment to any candidate and such symbols are not free symbols. The Election Commission is also empowered to allot such symbols in such manner as far as practicable. The action that they have taken is reasonable and practical as has been held in the decision in CW7639/2003 dated 20.11.2003. Apart from this, as mentioned in the said decision, the bar of Article 329 would come into play and on this ground the writ petition would not be maintainable. Accordingly, the same is dismissed as such.
dusty under the signature of the Court Master.