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september 1966

Supreme Court of India · 1966-09-30

SAMYUKTA SOCIALIST PARTY vs ELECTION COMMISSION OF INDIA & ANR.

Citation / case number
SC 1966/60241
Court
Supreme Court of India
Petitioner
SAMYUKTA SOCIALIST PARTY
Respondent
ELECTION COMMISSION OF INDIA & ANR.
Author
RAO, K. SUBBA (),HIDAYATULLAH, M.,SIKRI, S.M.,BACHAWAT, R.S.,DAYAL, RAGHUBAR
Bench
RAO, K. SUBBA (CJ),HIDAYATULLAH, M.,SIKRI, S.M.,BACHAWAT, R.S.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court ruled that the Election Commission retains the power to amend the list of election symbols under Rule 5(1) of the Conduct of Election Rules, 1961, despite changes in the wording of the rule. The Court held that the Election Commission can withdraw a symbol from a party and reallocate it to another if circumstances change, emphasizing that the Commission must act in accordance with factual developments and not favor one party over another. The appeal by the Samyukta Socialist Party against the Election Commission's decision to restore the 'Hut' symbol to the Praja Socialist Party was dismissed, affirming the Commission's authority to manage election symbols appropriately.

SAMYUKTA SOCIALIST PARTY vs ELECTION COMMISSION OF INDIA & ANR. · Niyam