Election Commission's symbol-allotment power upheld as a valid exercise of constitutional authority for free and fair elections.

Article 324 confers broad constitutional power on the Election Commission to superintend, direct and control elections, and that power extends to general directions necessary for free and fair polls. The Election Symbols (Reservation and Allotment) Order, 1968 was upheld as a valid exercise of that authority because it regulated symbol specification, reservation, recognition of political parties and allotment, and was supported by the Conduct of Elections Rules, 1961. Even to the extent any part was not directly traceable to statute or rules, it remained valid in areas not occupied by legislation. The constitutional challenge therefore failed and the Order was sustained.

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Issues: Whether the Election Symbols (Reservation and Allotment) Order, 1968 was within the constitutional and statutory powers of the Election Commission and therefore valid.

Analysis: Article 324 vests in the Election Commission the superintendence, direction and control of elections, and those words are of wide amplitude. Parliament may make election law under Articles 327 and 328, and the Conduct of Elections Rules, 1961, especially Rules 5 and 10, expressly authorise the Commission to specify symbols and issue directions regarding their allotment. The impugned Order was held to operate as a set of general directions designed to secure smooth, free and fair elections and to regulate matters of symbol specification, reservation, recognition of political parties, and allotment. The Court further held that, even if some part of the Order was not traceable to the Act or the Rules, it was sustained by the plenary constitutional power under Article 324 in areas not occupied by legislation.

Conclusion: The Symbols Order was held to be within the Commission's authority and not liable to be struck down.

Final Conclusion: The constitutional challenge failed, and the petition was dismissed because the impugned Order was upheld as a valid exercise of electoral powers.

Ratio Decidendi: The Election Commission's constitutional power of superintendence, direction and control under Article 324 extends to issuing general directions necessary for the conduct of free and fair elections, including the specification, reservation and allotment of symbols, so long as the field is not occupied by contrary legislation.

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