SC for now refuses 'pressure cooker' symbol to Dhinakaran-led AMMK

The Supreme Court Thursday refused to grant for now the 'pressure cooker' symbol to TTV Dhinakaran-led Amma Makkal Munnetra Kazhagam (AMMK) but allowed the Election Commission to decide the issue as per a 2018 Delhi High Court order. The top court vacated its order of abeyance on the high court's interim order of March 9, 2018 by which it had directed the Election Commission of India to allot a common symbol, preferably that of a 'pressure cooker', and a name to the then AIADMK (Amma) faction led by Dhinakaran.

A bench of justices A M Khanwilkar and Ajay Rastogi said since the matter was pending before the high court for final adjudication, there was no just reason as to why the interim arrangement of allotting 'pressure cooker' symbol by the poll panel ought not continue. "In other words, the Election Commission shall process the application preferred by the political group represented by respondent No.1 TTV Dhinakaran (writ petitioner) and respondent No.3 - VK Sasikala in terms of the interim order of the High Court dated March 9, 2018 and take it to its logical conclusion expeditiously," the bench said.

It said since the hearing on the pending petition before the high court has almost reached at the final stage, it would be appropriate to mould the reliefs. "If the writ petition is not finally disposed of by the division bench of the High Court within four weeks from today, the ECI shall process the application of the group represented by respondent No.1 (Dhinakaran) in terms of the directions given by the High Court vide interim order dated March 9, 2018 and issue appropriate directions within two weeks there from (i.e., four weeks plus two weeks, from today)," it said.

The bench further said if before the expiry of six weeks period the EC issues any notification for by polls for vacant assembly seats in Tamil Nadu or the parliamentary elections, the poll panel shall pass appropriate directions as per the high court's order. It said that the poll panel should issue the directions, within one week from the date of notification and in any case, before the date notified for filing of the nominations, whichever is earlier.

The court's direction came on the application filed by Dhinakaran on January 2 in which he had said that notification for by-election to fill up the vacant assembly constituency of Thiruvarur in Tamil Nadu has been issued on December 31, 2018 and the date of polling has been fixed for January 28. Later, the by-election to Thiruvarur seat was rescinded by a notification issued by the EC on January 6.

Dhinakaran had sought the court's direction to the EC for allocating his group a common symbol preferably 'pressure cooker' as was allotted to them last year during the bypolls of the R K Nagar constituency in the state. Dealing with the question of maintainability of application, the bench said pendency of writ petition before the high court would certainly be no impediment for the parties to approach the top court in light of the liberty granted to them on March 28, last year.

"In the peculiar fact situation of this case, we cannot direct respondent No.1 (Dhinakaran) to go back to the High Court for the relief claimed in this application because similar relief was already considered by the single judge of the high court vide order dated March 9, 2018 in favour of the group," it said and added that this order of the high court has not been independently challenged by the poll panel before this court. The bench said the real question is whether a faction, represented by Dhinakaran and Sasikala which claims to be the real party having support of majority of the members at the time of initiation of the dispute before the ECI, ought to be compelled to first register itself as a political party and then set up its claim for a reserved symbol.

It said that the high court had deemed it appropriate to issue directions to allot common symbol to the faction represented by Dhinakaran in different constituencies, where they would nominate candidates to contest in the ensuing elections. The bench said that to ensure a level playing field in the political sphere for the concerned factions, the court can pass appropriate directions especially when no real prejudice would be caused to any other party and the claim regarding which faction is the real party has still not attained finality.

"Indeed, allotment of an election symbol cannot be claimed as a fundamental right as much as contesting election is not... It is a statutory right. It is also well settled that the Election Commission has plenary powers and could exercise the same to ensure free and fair elections," it said. The bench said that it has no hesitation in agreeing with the view of high court that for doing justice and protecting the interests of all concerned and to uphold the democratic principles, including for ensuring free and fair elections, it would be just and proper to continue the interim arrangement of allotment of a common name and symbol till the pendency of the case.

The high court had on March 9, last year year passed the order on a plea of Dhinakaran challenging an EC order of November 23, 2017 allotting 'two leaves' symbol to the group headed by Tamil Nadu Chief Minister E Palaniswami.