IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO: 4371 of 2009 Between: The Prajarajyam Party, a registered political party, having its Regd. Office at Plot No.952, Road No.46,Jublee Hills, Hyderabad, Andhra Pradesh, represented by its General Secretary, Allu Aravind. ..... PETITIONER AND 1.The Election Commission of India, represented by its Secretary, New Delhi. 2.The State Election Commission of Andhra Pradesh, represented by its Secretary at Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ declaring that every registered Political party is entitled to allotment of a common free symbol in the interest of conduct of free and fair democratic elections in terms of the Elections Symbol (Reservation & Allotment) Order 1968 by declaring that the said order is un-Constitutional and violative of Art. 14 of the Constitution of India in so far as it does not make a provision for allotment of such a common free symbol to a registered Political Party and further declare that the action of the 1st respondent contained in Proceedings No. 56/7/2009 PPS-II, dt. 2-3-2009 in not allotting a common free symbol to the candidates of the petitioner party with regard to the ensuing Assembly/Parliamentary elections in April/May 2009 as arbitrary discriminatory and irrational and consequently set aside the same and direct the 1st respondent to allot common free symbol (Sl.No.51 in Part-IV, Rail Engine) to the Candidates to the petitioner-Party in the ensuing Assembly/Parliamentary elections likely to be held in April/May 2009 and grant such other relief as it deems fit in the facts and circumstances of the case. Counsel for the Petitioner: MR.A.RAJENDRA REDDY Counsel for the Respondent No.: SMT.C.JAYASREE SARATHY The Court made the following: JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) When the matter is taken up for hearing, learned counsel for the writ petitioner seeks permission of the court to withdraw the writ petition with a liberty to avail the remedies available under the law. Recording the said submission, the writ petition is dismissed with liberty to avail the remedies available under the law. _________________ B.PRAKASH RAO, J ____________________ G.BHAVANI PRASAD, J Date: 17-3-2009 Ksn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}