SAMYUKTA SOCIALIST PARTY versus ELECTION COMMISSION OF INDIA & ANR.

Citation: [1967] 1 S.C.R. 643 · Decided: 30-09-1966 · Supreme Court of India · Bench: K. SUBBA RAO · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
B 
SAMYUKTA SOCIAIJST PARTY 
v • 
. ELECTION COMMISSION OF INDIA & ANR. 
September 30, 1966 
(K. SUBBA RAO, C. J. M. HIDAYATULLAH, S. M. S!KRf, 
R. S. BACHAWAT AND RAGHUBAR DAYAL, JJ.] 
Conduct of Eltctibn Rules, 1961, r. S(l)~Powers of Election Com-
mlmtm-Merger of two political parties into one party-Elterion symbol 
Df one of the merging parties allotttd to the ntW ptl1'4Y-'1'artin lepat'tll-
lng agal......Symbol whether can bt taken back from n.w parry and glvm 
to the party to which It originally belonged. 
In the 1962 general electi<in the Praja Socialist Party had the 'Hut' 
as its election symbol In 1964 tlie Praja Socialist Party and the Social-
ist fartY combined to form the Samyukta Socialist Party, and the Elec>-
tion' Commission allotted the 'Hut' symbol to the new p~. The union 
was however short-lived and in early 1965 the Praja SOcla1ist Party again 
severed itself from the Soci3fist Party which retained the new name even· 
after the separation. The Election Commission on being moved by the 
~a Socialist Party withdrew the 'Hut' as the symbol of the Samyukta 
Socialist Party and restored it to the Praja Socialist Party. This order 
of the Election Commission wa8 challenged by the SamruJ<ta Socialist 
Party in a writ petition before the High Coun and the wnt being refined 
an appeal by special leave . was filed before this Coqrt. A writ petition 
by one of the members of the Samyukta Socialist Party under Art. 32 of 
t1ie Constitution was also filed before this Court. It was contended that 
unlike the earlier rule the new rule 5 ( 1) of the Conduct of the Elec-
tion Rules, 1961 only enables the Election Commission to place restric-
tions on the choice of the candidate or the party but the choice once 
made by the candidate or party is final, and that the power to amend the 
list of symbols which was Conferred by the last eight words of the fol'81er 
rule was no longer there. 
HELD: (i) it is incorrect to say 
that by changiJJg rule 5(1) and 
dropping; the last eight words from that r:ule the . Election Commission 
has-aenied to itself the power. to amend the list of symbols. The restric-
tiotlS which the Election Commission· has framed for the use.of the llYlll-
bols permit the issuance of fresh notifications if symbols are -reqdited to 
be changed. The restrictidns when analysed are these. Before a candi-
date can choose a symbol it must be free. Before a reserved symbol can 
be chosen, the candidate must be accredited to the party whose _symbol 
it is and it must be shown by the Election Commission in its notification 
as the symbol of the party. Obviously tlurefore, if the. ciu:wnstances 
change the notification must follow suit. Parties may come into exist-
ence and parties may go ·out of existence; parties may unite or parties 
may separate. This will require amendment of the notification. Just as 
the Election' Commission allotted the 'Hut' as a symbol by a change of 
notification to the Samyukta Socialist Party, it can allot it to anothoc party 
if circumstances made ,that course obligatory and just. The Election Com-
mission is required to give effect to conditions of its own making but tbU 
does not restrict i1s own powers so long as what it does is in consonance 
•644 
SUPIU!MB COURT llEPORTS 
[1967] I S.C.R. 
with facts and the action is dictated by them. It must not of course favour 
one party so as to harm others. It must only change the symbol when the 
circumstances justify such a charge. 
(649 C-F) 
(ii) If the merger of Praja Socialist Party and the Socialist Party W38 
unsuccessful and before any significant time had passed the Praja Social-
ist Party bad decided to separate, and if all the leaders of the party and 
almost all its original members decided 
to quit the amalgamated party, 
the benefit of its symbol could not be left to the Socialist 
Party which. 
in the events that have happened is bearing the name of the unified party. 
It is no longer the unified party it was when the· name was assumed. The 
'Hut' was the symbol of the Praja Socialist Party and the amalgamated 
party chose the 'Hut' rather than the 'tree' because of the greater succe.s 
<>f the Praja Socialist Party at the polls. If disagreement led to a quick 
break up before the new party or its symbol could become 
properly 
grounded, the reversion to the original position was not only logical but 
also eminently just. It was clear therefore that the Election C<>mmissioo 
proceeded along the r

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