IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 22458 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------- KALLIYIL ABOOBACKER @ K.K.ABU, S/O.MAMMUNNI, KIZHIKKUTH HOUSE, CHENAKKALANGADI, THENHIPPALAM PO, 673 637. BY ADVS. SRI.P.CHANDRASEKHAR, SRI.P.K.YUSUFF ISSUDDIN. RESPONDENT(S): ---------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF LAW AND JUSTICE, NEW DELHI - 110 001. 2. THE ELECTION COMMISSION OF INDIA, REPRESENTED BY ITS SECRETARY, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI 110 001. 3. THE CHIEF ELECTORAL OFFICER & PRINCIPAL SECRETARY, ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695 033. 4. THE ASSISTANT RETURNING OFFICER, 042 VALLIKUNNU LAC & BLOCK DEVELOPMENT OFFICER, TIRURANGADI, MALAPPURAM DISTRICT. PIN 676 306. R1 BY SRI. P.PARAMESWARAN NAIR, ASST.S.G. OF INDIA R2 TO R4 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22458/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CANDIDATE'S IDENTITY CARD DTD. 6/05/2006 ISSUED TO THE PETITIONER BY THE RETURNING OFFICER & DEPUTY COLLECTOR, MALAPPURAM. P2: COPY OF THE NOMINATION DTD. 24/03/2011 OF THE PETITIONER. P3: COPY OF APPLICATION DTD. 28/03/2011 OF THE PETITIONER TO THE 4TH RESPONDENT. P4: COPY OF LETTER NO.56/SYMBOL/PPs-II/919 DTD. 29TH APRIL, 2011 OF THE 4TH RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: ANNEX.A: THE RELEVANT EXTRACT OF SYMBOL NOTIFICATION NO.56/2006/J.S.III DTD. 06/03/2006 ISSUED BY THE ELECTION COMMISSION OF INDIA. ANNEX.B: COPY OF THE RELEVANT EXTRACT OF SYMBOL NOTIFICATION NO.56/2008/PPS DTD. 17/10/2008 ISSUED BY THE ELECTION COMMISSION OF INDIA. ANNEX.C: COPY OF THE RELEVANT EXTRACT OF SYMBOL NOTIFICATION NO.56/2011/PPS II DTD. 8/03/2011 ISSUED BY THE ELECTION COMMISSION OF INDIA. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 22458 OF 2011 ----------------------------------------------------- Dated this the 26th day of August , 2011 J U D G M E N T Petitioner is aggrieved by the denial of the free symbol 'Aeroplane' to him as symbol in the recently held election to the Kerala State Legislative Assembly. 2. According to the petitioner he submitted his nomination to contest the election from Vallikunnu Assembly Constituency as an independent candidate. Petitioner chose the symbol 'Aeroplane' but that was declined to him on the ground that the symbol was reserved in favour of a State Political Party in Goa and Ext.P4 is a communication issued to him in that behalf. It is challenging Ext.P4 and to declare that 'Aeroplane' is a free symbol in the State of Kerala and that the candidates in Kerala are entitled to contest elections with the symbol 'Aeroplane', this writ petition is filed. W.P.(C) No. 22458 OF 2011 :2 : 3. A statement has been filed on behalf of the 2nd respondent. Along with the statement Annexures A, B and C notifications issued by the 2nd respondent also have been produced. 4. According to the 2nd respondent, allotment of symbol is governed by the provisions of Election Symbols (Reservation and Allotment) Order 1968 issued by the Election Commission of India. It is stated that as per paragraph 5 of the Order, a reserved symbol is a symbol reserved for a recognized political party for exclusive allotment to contesting candidates set up by that party and that free symbol is a symbol other than the reserved symbol. It is also stated that as per Paragraph 9 of the Order a symbol reserved for a State party in any State shall not be included in the list of free symbols for any other State or Union Territory. W.P.(C) No. 22458 OF 2011 :3 : 5. Annexure A is the notification issued by the Election Commission on 6.3.2006. Sl. No.1 of Table IV containing list of free symbols is 'Aeroplane'. This therefore shows that Aeroplane was a free symbol. 6. Annexure B is the notification issued by the 2nd respondent on 17.10.2008, which shows that 'Aeroplane' has been allotted to 'Save Goa Front', a State political party in Goa. In Table IV of Annexure B containing list of free symbols, 'Aeroplane' is omitted. The latest notification issued by the 2nd respondent is Annexure C dated 8.3.2011 which also shows that the symbol 'Aeroplane' is reserved in favour of 'Save Goa Front' and that Table IV of this notification does not include 'Aeroplane'. 7. From the above discussion, it is therefore obvious that from 2008 onwards 'Aeroplane' is a symbol reserved in favour of the political party 'Save Goa Front and is no longer a free symbol. In such a situation, in view W.P.(C) No. 22458 OF 2011 :4 : of paragraph 9 of the Symbol Allotment Order referred to above, 'Aeroplane' was not available for allotment to any independent candidate including the petitioner. Therefore Ext.P4 cannot be interfered with and the writ petition is only to be dismissed and I do so. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge