M.N.Rao, J.:-
(1) The notification issued by the state election commissioner on 28 - 2 - 1995 in no. 91/sec/94 allotting inter alia the symbol of scale to all india ittehadul muslimeen, the third respondent herein is challenged in this writ petition. The notification is in the following terms:
"in exercise of the powers conferred on the state election commissioner, under articles 243 - k and 243 - aa of constitution of india, andhra pradesh panchayat raj act, 1996, hyderabad municipal corporation act, 1936 and andhra pradesh municipalities act, 1965 and the rules made thereunder apart from the symbols already reserved under notification no. 91/sec/94, dated 22 - 02 - 1995, reserves the following symbols to the unrecognised political parties for exclusive allotment of the same to their contesting candidates for both panchayat and municipal elections for such area or areas specified below: 9. All india ittehadul scale state of muslimeen a. P. 10. Xx xx xx xx xx
(2) The elections to the municipal councils in the state were over last year and as none of the elected members of the municipal council or chairman allegedly elected on the symbol of the third respondent have been impleaded as respondents in this writ petition we are not inclined to test the validity of the impugned notification with reference to the elections held under the a. P. Municipalities act to various municipal councils in the state. As regards elections to panchayat raj institutions also the same reasoning applies and there fore we are not inclined to test the legality of the impugned notification with reference to the elections held to panchayat raj institutions.
(3) Coming to the elections to be held under the hyderabad municipal corporation act, 1955 to hyderabad municipal corporation, we are of the view that the contention urged by the learned counsel sri k. Ramakrishna reddy merits acceptance. Section 33 of the hyderabad municipal corporation act, 1955, for short 'the act', contemplates that as soon a notification is issued calling upon a ward to elect a member or members the commissioner shall follow the prescribed procedure regarding filing of nominations, scrutiny of nominations, withdrawal of candidatures, date on which poll to be held and other necessary formalities. Thereafter section 34 comes into play. It is in the following terms:
"34. Symbols for election to the offices of members: the commissioner shall, as soon as may be, after the issue of notification under section 33, by notification in the andhra pradesh gazette, specify the symbols including the symbols reserved for a recognised political party for exclusive allotmentto contesting candidates set up by that party, that may be chosen by the candidates contesting at an election to the office of a member and restrictions to which their choice shall be subject."
(4) From a reading of section 34 it is clear that after the notification is issued under section 33 the question of specifying the symbols for allotment to contesting candidates set up by a political party would arise. It is an admitted fact that till now no notification under section 33 has been issued. The present impugned notification which, inter alia, comprehends hyderabad municipal corporation act, is therefore, premature and so we set aside the same in so far as the proposed elections to the hyderabad municipal corporation are concerned. The other pleas raised in the writ petition are left open. The writ petition is accordingly allowed.