LexJANATA DAL (SAMAJWADI) versus THE ELECTION COMMISSIONER OF INDIA
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A B JANATA DAL (SAMAJWADI) v. THE ELECTION COMMISSIONER OF INDIA NOVEMBER 23, 1995 [J.S. VERMA, N.P. SINGH AND K. VENKATASWAMI, JJ.) Election Law : Election Symbols (Rese1vation and Allotment) Orde1; 196~Paras 6 C and 7-National Pmty-Derecognition of-If can be derecognized on the basis of elections h<:ld in only six states. Election Symbols (Rese1vation and Allotment) Orde1; 196~Paras 6, 7 and 2(2)-Derecognition of National Party-Power of-No specific provisions vesting power in the Election Commission to derecognize once D recognition has been granted-If Election Commission can still derecognize a National Pmty-General Clauses Act, 1897-Section 21. The appellant was recognised as a natio~al political party on 16.4.1991. In April - June, 1991, general elections were held in six States E and One Union Territory. On evaluation of the election results, the Elec- tion Commission found that the appellant had ceased to fulfil the criteria for recognition as a national political party under para 7 of the Election Symbols (Reservation and Allotment) Order, 1968 as it no longer remained a "recognised" political party in four States. For being a recog- nised "National Party", a political party should be a "recognised" political F party in four or more States. The conditions for being a "recognized" political party in a State have been specified in para 6 of the Election Symbols Order, 1968. The Election Commission issued a show cause notice to the appel- G lant as to why the recognition of the appellant as a national party should not be withdrawn. Inc-reply the appellant contended that once the recogni- tion has been given, it cannot be withdrawn as there is no provision in the Election Symbols (Reservation and Allotment) Order, 1968 for withdrawal of recognition. It was also contended that performance of a party for purpose of recognition or derecognition should be judged only when H elections are held in all the States. The Election Commission passed an 592 t- JANATADAL(SAMATWADI)v. ELECTION COMMNR. OF INDIA 593 order derecognising the appellant as a national party. Against the order A of the Election Commission, the present appeal was filed by the appellant. Dismissing the appeal, this Court HELD : 1.1. It is true that there is no specific provision under the Election Symbols Order, 1968 vesting power in the Election Commission B after having recognised a political party as a national party to declare that such political party has ceased to be a national party, not being entitled to the exclusive use of the symbol allotted to it. But at the same time, it cannot be conceive~ that a political party having been recognised as a national party or State party as the case may be, on having fulfilled the C conditions prescribed in paragraph 6(2), shall continue as such in per- petuity although it has forefited the right to be recognised as a national party or a State party. [598-F-G] 1.2. In paragraph 2(2) of the Election Symbols Order, 1968 it has been specifically provided that the General Clause Act, 1897 shall as far D as may be applicable in relation to the interpretation of the said order as it applies in relation to the interpretation of a Central Act. Section 21 of the General Clauses Act provides that where by any Central Act or Regulation, a power to issue notifications, orders rules, or bye-laws is conferred, then that power includes a power, exercisable in the like E manner and subject to the like sanction, and conditions if any to add to, amend, vary or rescind any notification, orders, rules or bye-laws so issued. As paragraph 2(2) of the Election Symbols Order in clear and unambiguous term makes provision of the General Clauses Act applicable to the Election Symbols Order, it need not be impressed that provisions of section 21 of the General Clauses Act, also become applicable vesting F power in the Election Commission which had issued the aforesaid order dated 16.4.1991 recognising the appellant as a national party to rescind the said order. [598-H; 599-A-C] 2. If for purpose of recognition of a political party as a national party the conditions of paragraph 6(2) of the Election Symbols Order, 1968 have G to be fulfilled only in four or more States, then on the same principle even for withdrawing the said recognition the question has to be examined in the light of paragraph 6(2) on the basis of the results in four or more States and it cannot be urged
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