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september 1985

Supreme Court of India · 1985-09-24

KANHIYALAL OMAR vs R.K. TRIVEDI & ORS.

Citation / case number
SC 1985/67019
Court
Supreme Court of India
Petitioner
KANHIYALAL OMAR
Respondent
R.K. TRIVEDI & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court upheld the validity of the Election Symbols (Reservation and Allotment) Order, 1968, stating that the Election Commission has the authority to issue such an order under Article 324 of the Constitution, read with Rules 5 and 10 of the Conduct of Election Rules, 1961. The Court clarified that the powers of superintendence, direction, and control of elections vested in the Election Commission include the recognition of political parties and the allotment of symbols. The petitioner's contention that the Election Commission lacked the authority to issue the Symbols Order was dismissed, affirming the Commission's plenary powers under Article 324.

KANHIYALAL OMAR vs R.K. TRIVEDI & ORS. · Niyam