SC keeps in abeyance Delhi HC order asking ECI to consider alloting a symbol to TTV Dhinakaran

The Supreme Court on Wednesday kept in abeyance the Delhi High Court's interim order directing the Election Commission of India (ECI) to consider giving Amma Makkal Munnetra Kazhagam (AMMK) leader, T.T.V. Dhinakaran an election symbol, preferably 'pressure cooker', which was succesfully used by him in the by-election to the R.K. Nagar constituency in Chennai.

On March 9, the High Court asked the poll body to permit Mr. Dhinakaran to give a political name for his faction of the AIADMK, and on March 15, Mr. Dhinakaran launched the AMMK.

Mr. Dhinakaran is the nephew of jailed former AIADMK leader V.K. Sasikala. She is serving a four-year jail term after she was convicted in a ₹ 66.65 crore disproportionate assets case.

'Decide on the main dispute'

A Bench, led by Chief Justice of India Dipak Misra, requested the Chief Justice of the Delhi High Court to constitute a Division Bench to hear the petition filed by Mr. Dhinakaran claiming that his faction is the real AIADMK and the party symbol of 'Two Leaves' should go to him rather than to the rival faction headed by Tamil Nadu Chief Minister ‘Edappadi’ K. Palaniswami and Deputy Chief Minister O. Panneerselvam.

Mr. Dhinakaran moved the High Court after the ECI, on November 23 last, recognised the faction of Mr. Palaniswami and Mr. Panneerselvam as the "real" AIADMK and rightful representatives of the 'Two Leaves' symbol.

The Supreme Court said that considering the fact that the controversy "requires immediate attention", the High Court Division Bench should finish the matter and render its final judgment by April end.

The apex court order came in three separate special leave petitions filed by Mr. Palaniswami and Mr. Panneerselvam and another leader belonging to the AIADMK.

'TTV wants to create a party within the party'

Senior advocates Mukul Rohatgi, C.S. Vaidyanathan and K.V. Vishwanathan, for the Palaniswami-Panneerselvam faction, argued that the Dhinakaran faction's efforts were to "create a party within the party and wanted to fly both the 'pressure cooker' and the 'Two Leaves' symbols side by side".

Mr. Rohatgi said Mr. Dhinakaran's splinter group was not a recognised or registered party. Mr. Dhinakaran was indulging in anti-party and anti-government activities and his actions to work against the party from within the party were "completely unconstitutional".

"He wants his own flag to flutter with the 'Two Leaves' symbol. He also wants the 'pressure cooker'. So he wants two flags - 'Two Leaves' and 'pressure cooker' - to fly at the party office. This is completely against the ethos of the party. The Election Commission has recognised me as the real party and the real leader," Mr. Rohatgi, for Mr. Palaniswami, contended.

Mr. Rohatgi said the ECI had not given any symbol to Mr. Dhinakaran faction. The 'pressure cooker' symbol was only an "ad hoc one".

Defending the Dhinakaran faction, senior advocates Ashok Desai, Amarendra Sharan and Meenakshi Arora said what they wanted was a "level playing field".

They argued that people identified the Dhinakaran faction with the 'pressure cooker' symbol. Mr. Desai asked why the rival faction was objecting to them getting that symbol as an interim arrangement till their claim for 'Two Leaves' is finally decided by the Delhi High Court.

"They will not eat hay and let the cow eat the hay," Mr. Desai submitted.

"Whether you are the party or they are the party has to be finally decided by the High Court... To end this controversy, we will ask the High Court Chief Justice to form a Division Bench to finish this matter," the Chief Justice of India said.