Supreme Court · 2008 INSC 1077 · Decided 23 September 2008
Subramanian Swamy v. Election Commission of India Through Its Secretary
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1077 · [2008] 13 S.C.R. 846
- Case number
- CIVIL APPEAL No. 5803/2008
- Decided
- 23 September 2008
- Bench
- ASHOK BHAN, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Election Symbols (Reservation and Allotment) Order, c 1968 - Clauses 1 DA, 5, 6, 6A, 68 and 6C - De-recognition of Political party as a recognized political party - Challenge to de-mcognition set aside right upto Supreme Court - In the meantime, by amendment of Symbols Order, providing for retention of its symbol by a de- D reorganiszed political party for six years as a grace period - .,, ~ Provision challenged as irrational, arbitrary and undemocratic - Election Commission as well as High Court setting aside the challenge and upholding Clause 1 OA - On appeal,
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