RAMASHANKAR KAUSHIK AND ANOTHER vs ELECTION COMMISSION OF INDIA AND ANOTHER

The Supreme Court held that the Election Symbols (Reservation and Allotment) Order, 1968, does not apply to the case of the Socialist Party and the SSP as the latter was deemed a new political party and not a continuation of the former. The Court clarified that Paragraph 15 of the Order is not applicable since it pertains to rival factions of a recognized party, while the SSP's claim to the 'Tree' symbol was rejected. The Chief Election Commission's decision to recognize the Socialist Party as a National Party with the 'Tree' symbol was upheld, affirming the binding nature of the Commission's decisions on newly formed political entities under Paragraph 16 of the Order.