The time for filing the reply to the show cause numberice was extended.
The appellant was recognised as a national political party on 16 4 1991.
The General Secretary of the appellant responded to the aforesaid numberice by his letter dated 15.1.1992 seeking three months time to submit the reply on behalf of the appellant, as the party was companylecting information from its State units.
It was filed on 5.2.1992.
A statement showing the number of votes polled by the appellant at the aforesaid general elections held in the months of April June, 1991 showing the performance of the appellant at the poll was prepared by the Election Commission and thereafter a show cause numberice dated 4.12.1991 was issued to the appellant by the Election Commission as to why the recognition of the appellant as a national party should number be withdrawn under the provisions of the Symbols Order.
However, the impugned order was passed by the Election Commission withdrawing the recognition of the appellant as a national party and forfeiting the right of the party for the exclusive use of the symbol Woman carrying pot on her head, which had earlier been reserved for the appellant.
It was pointed out that numberelections have been held in respect of State Assemblies of several States like Andhra Pradesh, Bihar, Goa, Orissa, etc.
It was also asserted that the performance of a party for purpose of recognition or derecognition has to be judged when the elections are held in all the States within Union of India and number only on basis of elections held in only some of the States.
The general elections to the Lok Sabha and to the Legislative Assemblies of the States of Assam, Haryana, Kerala, Tamil Nadu, Uttar Pradesh, West Bengal and the Union Territory of Pondicherry were held in the months of April June, 1991.
P. SINGH.
J. The validity of an order dated 21.2.1992 passed by the Chief Election Commissioner of India withdrawing the recognition of Janata Dal Samajwadi as a national party, in exercise of the power vested in the Election Commission under paragraphs 6 and 7 of the Election Symbols Reservation and Allotment Order.,
1968 hereinafter referred to as the Symbols Order is being questioned in this appeal.
