Won’t direct ECI to grant top to MDMK: HC

CHENNAI: The Madras High Court (MHC) refused to direct the Election Commission of India (ECI) to allocate the ‘Top’ symbol to MDMK as it didn’t satisfy the relevant provisions of the Election Symbols (Reservation & Allotment) order, 1968.

Under para 10 B (i) of the Election Symbols (Reservation & Allotment) order, a party must have to contest at least in two parliament constituencies to seek a common symbol, wrote the first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy.

In the present case, MDMK is contesting in only one constituency and it is not possible for the party to contest in another constituency as the nomination deadline ended, it is not possible for the court to grant the relief requested by MDMK in its petition, observed the bench and disposed of the petition.

Senior counsel Ajmal Khan, appearing for MDMK submitted that the Election Commission of India (ECI) rejected the representation of the party claiming ‘Top’ symbol after considering the request as per the Court’s order.

The counsel submitted that under para 12 (c) of the Symbols Order, MDMK has the precedent for seeking the ‘Top’ symbol as it was reserved for the party before the de-recognition in 2010 by the ECI.

Despite the party being de-recognized, the ‘Top’ symbol was allotted to the MDMK in the 2019 Parliament election, said the counsel. Since ‘Top’ is not listed in the reserved symbol list it should be allotted to MDMK under precedent, he added.

However, the standing counsel for ECI, Niranjan Rajagopal submitted that if a symbol is removed from the reserved list it will not automatically be added to the free list. The Commission should put it into the free list, but the ‘Top’ is not listed in the free symbol category.

The bench asked can the returning officer allot the ‘Top’ symbol during the nomination. The standing counsel submitted it is not possible since the symbol is not on the free list.

After the submission, the bench observed that considering the facts and circumstances, the Court cannot grant relief sought by the petitioner and dispose of the petition.

MDMK general secretary Vaiko moved a petition in HC stating to ensure a fair and free election the ECI should allocate the ‘Top’ symbol to MDMK, to enable the voters to recognise MDMK among other political parties. It was also submitted that the de-recognition of the party by ECI is illegal.