Delhi HC order on symbol for TTV ‘kept in abeyance’

The Supreme Court on Wednesday “kept in abeyance” the Delhi High Court’s interim order of March 9 directing the Election Commission of India to consider giving the T.T.V. Dhinakaran group [of the AIADMK] an election symbol, preferably the ‘Pressure Cooker’.

The Dhinakaran faction had rode to a thumping victory under the ‘Pressure Cooker’ symbol, a free election symbol, during the bypoll to the R.K. Nagar constituency.

The Delhi High Court had also asked the poll body to permit Mr. Dhinakaran to give a political name for his faction. The Dhinakaran faction is now known as ‘Amma Makkal Munnetra Kazhagam’ (AMMK).

A Bench led by Chief Justice of India Dipak Misra further 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 the rival faction headed by Tamil Nadu Chief Minister Edappadi K. Palaniswami and the Deputy Chief Minister O. Panneerselvam.

Mr. Dhinakaran had moved the Delhi High Court after the Election Commission, on November 23 last year, recognised the faction of Mr. Palaniswami and Mr. Panneerselvam as the “real” AIADMK and the rightful representatives of ‘Two Leaves’, the reserved election symbol of the party.

‘Decide by April-end’

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 the end of April.

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

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. He said Mr. Dhinakaran was indulging in anti-party and anti-government activities. Mr. Rohatgi said Mr. Dhinakaran’s bid to work against the party from within the party was “completely unconstitutional”.

“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, arguing for Mr. Palaniswami, contended.

He added that the EC had not given any symbol to the 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 the people identified the Dhinakaran faction with the Pressure Cooker symbol. Mr. Desai asked why the rival faction was objecting to them getting the 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 Chief Justice of the High Court to form a division bench to take up this matter,” the Chief Justice said.