argument by Shri Prashanth Bhushan in supreme court

The ruling of this Court in Indian National Congress v. Institute of Social Welfare and Others, 2 that the Election Commission acts in a quasi-judicial capacity under Section 29A is relied upon. The Election Commission is clothed under Rules 6 and 8 of the Election Symbols (Reservation and Allotment) Order, 1968 to recognise political parties and allot symbols. Rule 15 of the said Order is pressed into service to highlight that Election Commission is empowered to take a decision with reference to splintered and rival groups arising within already recognized parties. There is power to withdraw and suspend recognition for breach of duty to follow the model code of conduct or the instructions of the Commission (See Rule 16A of the Symbol Order). It is blessed with the power to enforce the model code of conduct. The Election Commission can, in exercise of powers under Article 324(1), ban a candidate from 2 (2002) 5 SCC 685 15 campaigning. The Election Commission is also empowered to remove star campaigners. Reliance is placed on the various Reports, which we will advert to at a later stage. Still further, support is sought to be drawn from the Second Judges case in Supreme Court Advocateson-Record Association and Others vs. Union of India, 3 and the Judgment of this Court declaring the NJAC unconstitutional in Supreme Court Advocates-on-Record Association and Another vs. Union of India4. The learned Counsel also relies upon the Judgment of this Court in Prakash Singh and Others vs. Union of India and Others, 5 relating to reforms in the Police Administration. This is besides relying on Vineet Narain and Others vs. Union of India and Another, 6 and the Third Judges Case in Special Reference No. 1 of 1998, Re 7. 

3 (1993) 4 SCC 441 4 (2016) 5 SCC 1 5 (2006) 8 SCC 1 6 (1998) 1 SCC 226 7 (1998) 7 SCC 739