A gripping hearing in Supreme Court that lasted more than an hour eventually resulted in temporary relief for TTV Dhinakaran..A Bench headed by Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna ordered the Election Commission of India to allot the candidates of the TTV Dhinakaran faction a common symbol for the upcoming Lok Sabha elections..The Court, however, made it clear that the said allotment will not confer upon the TTV Dhinakaran faction any recognition as a political party..It is only a temporary arrangement to ensure a level playing field in the upcoming elections, the Court stated. The TTV faction will have to go through the process of applying for registration of their group as a political party..Senior Advocates Abhishek Manu Singhvi and Kapil Sibal appeared for TTV Dhinakaran..During today’s hearing, the matter seemed to be all but over when CJI Gogoi grilled TTV faction for not applying for registration as a political party..The TTV faction has been involved in a long battle for recognition as the rightful successors of AIADMK. On that basis, they had claimed the right to contest using two leaves symbol..This led to prolonged litigation against the E Palaniswami – O Paneerselvam (EPS-OPS) faction. The TTV faction, however, lost the battle for two leaves in Election Commission and Delhi High Court. Last month, the Delhi High Court had allotted the AIADMK’s Two Leaves party symbol to the EPS-OPS faction. The High Court had upheld the decision of the Election Commission passed in 2017..Dhinakaran subsequently moved the Supreme Court in appeal against the Delhi High Court order. In this appeal, the TTV faction submitted that it will not seek two leaves symbol. Instead, they sought the allotment of the pressure cooker symbol which had earlier been given to them as an interim measure during the pendency of their claim with Election Commission..The Election Commission, however, opposed the claim of TTV submitting that a symbol can be allotted only to an individual or a political party. Since TTV faction is not registered as a political party it cannot be given a symbol..CJI Gogoi seemed to agree with the same stating,.“Mr. Sibal, you can get the symbol as an individual or as a political party but not as an unregistered group. You did not register“..“We did not have time for registering. It takes months”, replied Sibal..CJI Gogoi was unimpressed and nearly dismissed the case when Senior Advocate Abhishek Manu Singhvi submitted.“This is a peculiar case wherein if we had applied for registration as a new political party, that would have amounted to giving up our claim as real AIADMK.“.“Yes, but you had enough time even after the High Court rejected your claim. You could have applied on March 15 when we rejected your prayer“, Gogoi J. said..“We will do it today“, replied Sibal..“You have missed the bus“, responded Gogoi J..Singhvi then submitted,.“We are conceding that we should have applied.”.He, however, argued that if 59 candidates of TTV faction are given 59 symbols, it will not be fair elections and there would not be a level playing field..He, therefore, sought a temporary relief so that various candidates of TTV faction need not contest in different symbols and can instead contest under one symbol. In the meanwhile, they will apply for registration..CJI Gogoi put forward the proposal to Election Commission and EPS-OPS faction..Senior Advocate Mukul Rohatgi appearing for EPS -OPS opposed the same..“How can they seek interim relief when the main matter is over. Law only recognises registered political party, individual or registered and recognised political party..Law does not recognise anything like a political front as they contend“, said Rohatgi..He also submitted that an “election symbol cannot be allotted on the premise that they will register.”.The Court after hearing the parties held that claim of TTV faction to the exclusive use of pressure cooker symbol cannot be allowed in the light of Section 29A of the Representation of People Act, 1951..“The claim of the appellant to the symbol of “pressure cooker” in an exclusive manner cannot be acknowledged in view of the provisions of Section 29A of the Representation of the People Act, 1951 and the guidelines issued by the Election Commission of India thereunder, which the appellant or his group has concededly not followed. We are, therefore, not inclined to grant any recognition to the appellant or his group to the symbol of “pressure cooker”.”.However, in order to ensure a level playing field, it ordered the Election Commission of India to allot a common symbol for the list of candidates submitted by TTV faction to contest the polls. These candidates include 39 candidates in Tamil Nadu and one in Puducherry for 2019 Lok Sabha Elections and 19 candidates in Tamil Nadu and Puducherry for upcoming Assembly by polls..“The Election Commission of India on due and proper satisfaction that the candidates named in the document marked with the letter ‘X’ want to contest the election under any one common symbol, will make all endeavour to ensure that in the forthcoming elections i.e. 40 Parliamentary Constituencies (39 in Tamil Nadu and 1 in Puducherry) and 19 Assembly Constituencies (18 in Tamil Nadu and 1 in Puducherry), the aforesaid candidates be allotted any one particular free symbol.”.The candidates if elected would be treated as independent candidates. Further, the order of the Supreme Court will not give any recognition to the TTV Dhinakaran faction as a political party..“We also make it clear that this order will not amount to recognition of the group or any part thereof as a political party registered or unregistered, which decision the Election Commission of India alone would take as and when required. We also make it clear that in the event any of the candidates mentioned in the list marked with the letter ‘X’ is to be elected, such candidate will be counted as an independent candidate and not belonging to any political party for all purposes including for the purposes of the Tenth Schedule of the Constitution.”.Read the order below.
A gripping hearing in Supreme Court that lasted more than an hour eventually resulted in temporary relief for TTV Dhinakaran..A Bench headed by Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna ordered the Election Commission of India to allot the candidates of the TTV Dhinakaran faction a common symbol for the upcoming Lok Sabha elections..The Court, however, made it clear that the said allotment will not confer upon the TTV Dhinakaran faction any recognition as a political party..It is only a temporary arrangement to ensure a level playing field in the upcoming elections, the Court stated. The TTV faction will have to go through the process of applying for registration of their group as a political party..Senior Advocates Abhishek Manu Singhvi and Kapil Sibal appeared for TTV Dhinakaran..During today’s hearing, the matter seemed to be all but over when CJI Gogoi grilled TTV faction for not applying for registration as a political party..The TTV faction has been involved in a long battle for recognition as the rightful successors of AIADMK. On that basis, they had claimed the right to contest using two leaves symbol..This led to prolonged litigation against the E Palaniswami – O Paneerselvam (EPS-OPS) faction. The TTV faction, however, lost the battle for two leaves in Election Commission and Delhi High Court. Last month, the Delhi High Court had allotted the AIADMK’s Two Leaves party symbol to the EPS-OPS faction. The High Court had upheld the decision of the Election Commission passed in 2017..Dhinakaran subsequently moved the Supreme Court in appeal against the Delhi High Court order. In this appeal, the TTV faction submitted that it will not seek two leaves symbol. Instead, they sought the allotment of the pressure cooker symbol which had earlier been given to them as an interim measure during the pendency of their claim with Election Commission..The Election Commission, however, opposed the claim of TTV submitting that a symbol can be allotted only to an individual or a political party. Since TTV faction is not registered as a political party it cannot be given a symbol..CJI Gogoi seemed to agree with the same stating,.“Mr. Sibal, you can get the symbol as an individual or as a political party but not as an unregistered group. You did not register“..“We did not have time for registering. It takes months”, replied Sibal..CJI Gogoi was unimpressed and nearly dismissed the case when Senior Advocate Abhishek Manu Singhvi submitted.“This is a peculiar case wherein if we had applied for registration as a new political party, that would have amounted to giving up our claim as real AIADMK.“.“Yes, but you had enough time even after the High Court rejected your claim. You could have applied on March 15 when we rejected your prayer“, Gogoi J. said..“We will do it today“, replied Sibal..“You have missed the bus“, responded Gogoi J..Singhvi then submitted,.“We are conceding that we should have applied.”.He, however, argued that if 59 candidates of TTV faction are given 59 symbols, it will not be fair elections and there would not be a level playing field..He, therefore, sought a temporary relief so that various candidates of TTV faction need not contest in different symbols and can instead contest under one symbol. In the meanwhile, they will apply for registration..CJI Gogoi put forward the proposal to Election Commission and EPS-OPS faction..Senior Advocate Mukul Rohatgi appearing for EPS -OPS opposed the same..“How can they seek interim relief when the main matter is over. Law only recognises registered political party, individual or registered and recognised political party..Law does not recognise anything like a political front as they contend“, said Rohatgi..He also submitted that an “election symbol cannot be allotted on the premise that they will register.”.The Court after hearing the parties held that claim of TTV faction to the exclusive use of pressure cooker symbol cannot be allowed in the light of Section 29A of the Representation of People Act, 1951..“The claim of the appellant to the symbol of “pressure cooker” in an exclusive manner cannot be acknowledged in view of the provisions of Section 29A of the Representation of the People Act, 1951 and the guidelines issued by the Election Commission of India thereunder, which the appellant or his group has concededly not followed. We are, therefore, not inclined to grant any recognition to the appellant or his group to the symbol of “pressure cooker”.”.However, in order to ensure a level playing field, it ordered the Election Commission of India to allot a common symbol for the list of candidates submitted by TTV faction to contest the polls. These candidates include 39 candidates in Tamil Nadu and one in Puducherry for 2019 Lok Sabha Elections and 19 candidates in Tamil Nadu and Puducherry for upcoming Assembly by polls..“The Election Commission of India on due and proper satisfaction that the candidates named in the document marked with the letter ‘X’ want to contest the election under any one common symbol, will make all endeavour to ensure that in the forthcoming elections i.e. 40 Parliamentary Constituencies (39 in Tamil Nadu and 1 in Puducherry) and 19 Assembly Constituencies (18 in Tamil Nadu and 1 in Puducherry), the aforesaid candidates be allotted any one particular free symbol.”.The candidates if elected would be treated as independent candidates. Further, the order of the Supreme Court will not give any recognition to the TTV Dhinakaran faction as a political party..“We also make it clear that this order will not amount to recognition of the group or any part thereof as a political party registered or unregistered, which decision the Election Commission of India alone would take as and when required. We also make it clear that in the event any of the candidates mentioned in the list marked with the letter ‘X’ is to be elected, such candidate will be counted as an independent candidate and not belonging to any political party for all purposes including for the purposes of the Tenth Schedule of the Constitution.”.Read the order below.
