226 of the Constitution.
The petition has been filed by Mr. Madhu Limaye, M.P., a member of the Samyukta Socialist Party.
These two proceedings raise a companymon question and challenge the action of the Election Commission in allotting the Hut as the reserved election symbol to the Praja Socialist Party, which symbol was previously reserved for the Samyukta Socialist Party.
Appeal by special leave from the judgment and order dated November 18, 1965 of the Punjab High Court Circuit Bench at Delhi in Civil Writ No.
1653 of 1966 and Writ Petition No.
The challenge is on the ground of want of jurisdiction and also on the basis of fact.
The union, therefore, was short lived.
The Rule and Notification whereunder the action purported to be taken are also challenged as unconstitutional in the petition.
In the Legislative Assemblies the Praja Socialist Party secured 172 seats in 9 States and the Socialist Party 47 seats in 4 States.
193 of 1966.
The Socialist Party was recognised as a State Party in Uttar Pradesh and Rajasthan and the Union Territory of Manipur after the Second General Election in 1957.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 and 3 in P. No.
AND Writ petition No.
193 of 1966 .
701 1 D of 1965.
R. Gokhale and J. P. Goyal, for the appellant and peti tioner.
The companytroversy arises in the following circumstances The Praja Socialist Party popularly known as the P.S.P. was formed by a merger of the Socialist Party and the Kisan Mazdoor Praja Party known shortly as K.M.P.P. and was recognised as a nationalist Party after the First General Election in 1952.
S. Bindra and R. H. Dhebar, for respondent No.
In the last General Election of 1962, the Praia Socialist Party was recognised in nine States and the Socialist Party in Uttar Pradesh, Rajasthan and Manipur.
1653 of 1966 and respondents Nos.
The appeal has been filed, after obtaining special leave of this Court, I by the Samyukta Socialist Party, through its General Secretary, against the judgment and order of the High Court of Punjab, November 18, 1965, dismissing summarily a petition under Art.
As numberseparate companytentions were raised in the petition we have passed a companymon judgment to companyer the petition also.
Petition under Art.
1653 of 1966.
The Praja Socialist Party secured 12 seats in the Lok Sabha and 6 want to the Socialist Party.,
2 in C. A. No.
The Judgment of the Court was delivered by Hidayatullah, J. This judgment will govern Civil Appeal No.
193 of 1966 .
Purshottam Tricumdas, T. R. Bhasin, S. C. Malik, S. K. Mehta and K. L. Mehta, for respondent No.
1653 of 1966 and W. P. No.
Writ Petition 193 of 1966 was heard alongwith Civil Appeal No.
The Samyukta Socialist Party companytested four bye elections and the elections in Kerala but there was a deterioration in the total number of seats.
On January 31, 1965, even at the inaugural meeting of the National Ad Hoc Committee held at Banaras the two Parties broke as under.
In June, 1964 there was a merger of the Praja Socialist Party and the Socialist Party and a new party, called the Samyukta Socialist Party, emerged.
in A. No.
193 of 1966.
