1 2025:CGHC:6487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 757 of 2025 1 - Nationalist Congress Party Through Its President In The State Of Chhattisgarh Shri Neelesh Biswas S/o Shri N.R. Biswas Aged About 50 Years R/o Ward Number 34, House Number 353, Tikrapara Road, Dayalband, Bilaspur, Chhattisgarh - 495001 ... Petitioner(s) versus 1 - Chhattisgarh State Election Commission Through Its Commissioner, Election Building, Sector 19, North Block, New Raipur, Atal Nagar, Raipur, Chhattisgarh - 492002 2 - State Election Commissioner Chhattisgarh, Election Building, Sector 19, North Block, New Raipur, Atal Nagar, Raipur, Chhattisgarh - 492002 3 - State of Chhattisgarh Through Chief Electoral Officer, Office Of The Chief Electoral Officer, Chhattisgarh 4 - Chief Electoral Officer Office of The Chief Electoral Officer, Shastri Chowk, Moti Bagh Chowk Marg, Near Old Mantralay Campus, Raipur, Chhattisgarh 492001 5 - State of Chhattisgarh Through All District Election Officers I.E. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.05 17:58:11 +0530 2 Collectors of All Districts 6 - Returning Officers of All Districts of The State of Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Abhijeet Mishra, Advocate For Respondent/Election Commission : Mr.R.S. Marhas, Advocate with Ms. Shweta Kumari, Advocate. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 05/02/2025 1. By the present writ petition, the petitioner, who is a State party duly recognized by the Election Commission of India in the States of Maharashtra and Nagaland, seeking a direction towards the respondent No.1/State Election Commission to intimate all the District Elections Officers and the Returning Officers to accept the nomination forms of the candidates of the petitioner’s party in order to participate and contest in the local body elections held in the State of Chhattisgarh. 2. Learned counsel appearing for the petitioner would submit that though the petitioner has requested the State Election Commission by its letter dated 10/01/2025 to honour their signatures and accept the nomination forms of the candidates of their party, however, the Election Commission has not taken any initiative to intimate all the District Elections Officers and the Returning Officers in this regard. 3. Learned counsel appearing for the State Election Commission and the learned counsel appearing for the State would submit that for allotment of reserved symbol to State parties who are 3 recognized by the Election Commission of India in others State are required to submit the application before the State Election Commission as required under Clause 2 (1) of the order dated 13/11/2019 within a period of three days from the date of publication of time schedule by the Election Commission for allotment of reserved symbols to the candidates of the said party, however, in the present case, the petitioner himself has submitted the intimation letter on 10/01/2025, which is not the application as required in terms of the order dated 13/11/2019, in fact, Annexure P-1 dated 10/01/2025 is a request letter to honour their signatures and accept the nomination forms of their candidates. They would submit that the petitioner has never submitted any application for allotment of reserved symbols to their candidates. They would further submit that in respect of similarly situated other political parties, the reserved symbols have already been issued and copy of the same has been produced before this Court, which is taken on record. 4. I have heard learned counsel appearing for the parties, perused the documents and also gone through the intimation letter dated 10/01/2025. 5. From perusal of letter dated 10/01/2025, it is evident that the petitioner has requested the State Election Commission to honour their signatures and accept the nomination forms of their candidates. The petitioner has never submitted the applications as required pursuant to the order dated 4 13/11/2019, which has been issued by exercising power under Rule 11A read with Rule 31 of the Chhattisgarh Nagarpalika Nirvachan Niyam, 1994 where the concerned party has to submit an application for allotment of reserved symbols to their candidates. 6. In view of the aforesaid facts and circumstances of the case and particularly considering the fact that the petitioner has only submitted the request letter on 10/01/2025 for honour their signatures and accept the nomination forms of their candidates and never submitted the application for allotment of reserved symbols in terms of the order dated 13/11/2019, which has been issued by the State Election Commission and also published in the Official Gazette, in my opinion, no case is made out in favour of the petitioner, at this stage. 7. Accordingly, the writ petition, being bereft of merit, is liable to be and is hereby dismissed at the motion stage itself. SD/- (Bibhu Datta Guru) Judge Amardeep