- (1.)Whether a political party or its candidates have a right to contest the election to the local bodies on a particular symbol allotted to it by the Election Commission of India? Is a question required to be adjudicated in this petition. What is the role of a national recognised political party in a democratic polity, as we have in this country, in the elections held for local bodies including the Corporation also requires adjudication by us.
(2.)The petitioners who are all candidates set up by the Bhartiya Janta Party for the forth-coming election to Municipal Corporation, Faridabad, have prayed for the issuance of a direction to the respondents to allot the symbol of Lotus after quashing the notification, Annexure P / 1, by which the symbol of Lotus for allotment to its candidates contesting the election to the said Corporation has been excluded. It is submitted that after the incorporation of the Haryana Municipal Corporation Act, 1994 (for short the 'Act') the only town of Faridabad in the State of Haryana having a population of more than five lacs was considered to be the Municipal Corporation for which election schedule was announced on 13-10-1994. According to the Schedule nomination papers were to be presented between 28-10-1994 to 2-11-1994, scrutiny of nomination paper was to be held on 4-11-1994, last date of withdrawal of candidature is fixed on 9-11-1994 and the polling, if necessary, is to be held on 29-11-1994 between 8.00 A.M. to 4.00 P.M.
(3.)The State of Haryana constituted State Election Commission for the purpose of conducting the election to the Municipal Corporation in the State and Shri J. K. Duggal was appointed as one man Commission known as State Election Commission for Haryana. In exercise of the powers vested in him under Rule 20 of the Haryana Municipal Corporation Rules, 1994, the Election Commission issued a notification, Annexure P/1, by which the election symbol of Lotus allotted to the Bhartiya Janta Party by the Chief Election Commission of India was excluded. The pro forma of nomination paper is attached with the petition as Annexure P/3 which specifically provides a column indicating the name of the party by which the candidate has been set up for contesting the election. The Election Commission is stated to have issued an order called the Election Symbol (Reservation and Allotment) Order, 1968 by virtue of which a symbol is reserved for every recognised party. As the Bhartiya Janta Party is a recognised political party throughout the country, its candidates are claimed to have a right to contest all the elections in the country on its symbol i.e. Lotus. As there is no bar either under the Act or the Rules framed thereunder for any political party to set up its candidates, the respondents are alleged to have committed an illegality by depriving the petitioners their right to contest the elections on the symbol of Lotus. It is submitted that the symbol of Lotus has been purposely and intentionally excluded with a view to deprive the Bhartiya Janta Party to put its candidates in the election. The ruling Congress (I) in the State of Haryana is alleged to be afraid of Bhartiya Janta Party which is alleged to be the motive for exclusion of the symbol of Lotus from the list of election symbols issued vide notification, Annexure P/1. It is submitted that it is the fundamental right of a political party to contest the election on the particular symbol. It is the legal and statutory right to contest the election on the symbol of their choice. It is contended that the Bhartiya Janta Party has already prepared the material to canvass for the petitioners treating them to be the candidates belonging to that political party and in case the symbol of Lotus is not allotted it would result in the loss of lakhs of rupees.