The Supreme Court, today, refused to entertain a writ petition seeking direction by way of mandamus to the Election Commission of India to not allot such election symbols which resemble, look similar or identical to a human body part.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said, "You want a mandamus by the SC...no body part should be an election symbol...What kind of petition is this?... So you can't have an eye, you can't have a nose...the purpose appears to be the hand. I think we are not entertaining this at all."

Advocate-on-record Om Prakash Parihar appeared on behalf of the Petitioner.

The Petitioner sought the following relief, "Issue a writ of mandamus or other appropriate writ order or direction directing the Respondent No 1 to remove, freeze and cancel such election symbol which resembles looks similar to or is identical with the human body part."

The Petitioner contended that the Model Code of Conduct clearly describes the cessation of an election campaign before 84 hours of the polling and Section 130 of the Representation of the People Act, 1951, bans the exhibition of the election symbols within 100 meters of the periphery on polling day and therefore some symbols which resemble or is identical with the Human Body Part which cannot be hidden and can be misused by an exhibition of such Human Body Part.

The Petition stated, "In light of the above facts question arises whether the Election commission of India can allot the symbol of Human body Partas an Election Symbol to any party? and further, whether such allotment of symbol of Human body Partare in violation of the Article 324 of the Constitution of India read with section 29A and Section 130 of the Representation of the People Act,1951, section 12 of the General Clauses Act, 1897, Rules 5 and 10 of the Conduct of Elections Rules,1961?"

Further, it stated, "The Election in India, as defined by the Constitution and other election statutes, is important for a vibrant democracy in the country. This structured election process plays a pivotal role in upholding the efficiency and integrity of elections across the national registered political party or an individual (Independent) contest the election under specific Symbol...These Symbols to the respective registered political parties or independent contestant are allotted under the order of 1968 termed as Election Symbol Reservation and allotment Order 1968 by the Election commission of India in exercise of the powers conferred by Article 324 of the Constitution of India read with section 29Aof the Representation of the People Act, 1951, section 21 of the General Clauses Act, 1897, Rules 5 and 10 of the Conduct of Elections Rules, 1961, and all other powers enabling the Commission in this behalf."

Accordingly, the Court dismissed the Petition.

Cause Title: Sarguja Society For Fast Justice v. Election Commission Of India (W.P.(C) No. 475/2024)

Chief Justice DY ChandrachudJustice JB PardiwalaJustice Manoj MisraElection Commission

Aastha Kaushik