Case Note & Summary
The petitioner, a member of the State Vokkaligara Sangha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 21.12.2013 issued by the 2nd respondent (Election Officer, Hassan District) declining to allot the symbol 'Peacock' to the petitioner. The petitioner had been allotted the symbol 'Cow' for the election to the Executive Committee of the Sangha from Hassan District. He noticed that another candidate, Sri G.L. Manjunatha Swamy, had been allotted the symbol 'Seeme Cow', and apprehended that the similarity between 'Cow' and 'Seeme Cow' would cause confusion among voters. He therefore sought allotment of the symbol 'Peacock' or postponement of the election. The 2nd respondent rejected his representation. The High Court, after hearing the parties, observed that the symbols 'Cow' and 'Seeme Cow' are distinct and not likely to cause confusion. The court noted that the election process was already underway and that the petitioner had an alternative remedy by way of an election petition after the election. The court dismissed the petition, holding that no interference was warranted at this stage.
Headnote
A) Election Law - Symbol Allotment - Confusion - The petitioner, a candidate in the election to the Executive Committee of the Sangha, was allotted the symbol 'Cow' while another candidate was allotted 'Seeme Cow'. The petitioner sought change of symbol or postponement of election, alleging confusion. The High Court held that the symbols are distinct and no confusion is caused, and that the election process should not be interfered with at this stage, as the petitioner has an alternative remedy by way of an election petition after the election. (Paras 1-5)
Issue of Consideration
Whether the allotment of symbols 'Cow' and 'Seeme Cow' to different candidates in the same constituency is likely to cause confusion among voters, warranting court intervention to postpone the election.
Final Decision
The High Court dismissed the writ petition, holding that the symbols 'Cow' and 'Seeme Cow' are distinct and not likely to cause confusion. The court declined to interfere with the election process and noted that the petitioner has an alternative remedy by way of an election petition after the election.
Law Points
- Election symbol allotment
- confusion between similar symbols
- scope of judicial review in election matters
- alternative remedy of election petition
Case Details
2013 LawText (KAR) (12) 16
Writ Petition No.59134/2013 (CS-EL/M)
Sri Vighneshwar S. Shastri (for petitioner), Sri Nasrulla Khan, HCGP (for R1 & R2)
Sri Venkataramegowda R.K.
Election Officer, Rajya Vakkaligara Sangha (R), Bangalore and Others
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Nature of Litigation
Writ petition challenging an endorsement declining to change election symbol and seeking postponement of election.
Remedy Sought
Quash the endorsement dated 21.12.2013 and direct the respondents to postpone the election of the Executive Committee from Hassan District after rectifying anomalies in allotment of symbols.
Filing Reason
The petitioner was allotted the symbol 'Cow' while another candidate was allotted 'Seeme Cow', which the petitioner believed would cause confusion among voters.
Previous Decisions
The 2nd respondent issued an endorsement dated 21.12.2013 declining to allot the symbol 'Peacock' to the petitioner.
Issues
Whether the allotment of symbols 'Cow' and 'Seeme Cow' to different candidates in the same constituency is likely to cause confusion among voters.
Whether the court should interfere with the election process at this stage or relegate the petitioner to an alternative remedy.
Submissions/Arguments
Petitioner argued that the symbols 'Cow' and 'Seeme Cow' are similar and likely to cause confusion, and sought allotment of 'Peacock' or postponement of election.
Respondents opposed the petition, contending that the symbols are distinct and no confusion arises.
Ratio Decidendi
The symbols 'Cow' and 'Seeme Cow' are distinct and not likely to cause confusion among voters. The court should not interfere with the election process at this stage, as the petitioner has an alternative remedy by way of an election petition after the election.
Judgment Excerpts
Having noticed that another candidate Sri. G.L. Manjunatha Swamy, contesting from Hassan District, has been allotted the symbol 'Seeme Cow' and apprehending that the allotment of similar type of symbols would lead to confusion and anomalies in the mind of the voters, petitioner submitted a representation dated 21.12.2013, requesting the 2nd respondent, to allot him the symbol - 'Peacock'.
The 2nd respondent issued an endorsement dated 21.12.2013, as at Annexure-G, declining to allot the symbol 'Peacock', on the ground that the same has already been allotted to another candidate.
Procedural History
The petitioner filed a writ petition on 27.12.2013 challenging the endorsement dated 21.12.2013. The petition came up for preliminary hearing on the same day and was dismissed.
Acts & Sections
- Constitution of India: Articles 226, 227
