Make fresh representation for symbol: HC directs MDMK
A division bench comprising Justice SS Sundar and G Arul Murugan heard the petition preferred by MDMK seeking 'TOP' symbol for the ensuing 2024 Parliament election and 2026 Assembly election.
Madras High Court
CHENNAI: The Madras High Court (MHC) directed MDMK to make a fresh representation before the Election Commision of India(ECI) seeking 'TOP' symbol and also directed the commission to pass orders.
A division bench comprising Justice SS Sundar and G Arul Murugan heard the petition preferred by MDMK seeking 'TOP' symbol for the ensuing 2024 Parliament election and 2026 Assembly election.
The counsel for MDMK submitted that various representation has made before the ECI, but no action has been taken till now, since we expecting the election dates may announce anytime, said the counsel and sought MHC to intervene in the issue.
Niranjan Rajagopal, the standing counsel for MDMK submitted that the petitioner party made their representation under para 10 - A of Election Symbols (Reservation and Allotment) order, 1968, instead of para 10-B. It was submitted to make fresh representation and order will be passed on seniority.
The standing counsel also sought time to get instructions.
After the submission the bench directed MDMK to make fresh representation and pass appropriate order. The matter was posted to March 7 for further submission.
MDMK general secretary Vaiko stated in his affidavit that MDMK is contesting in Parliament and State elections since 1996 as a registered-recognized party. Hence, the ‘TOP’ symbol was reserved for MDMK by the ECI under the Election Symbols (Reservation and Allotment) Order 1968, said the affidavit.
Even though the ECI de-recognized the MDMK in 2010 the ‘TOP’ symbol was allocated to the party under 10 A of the Election Symbols Order 1968, stated the affidavit. Vaiko also claimed that MDMK secured 6 percent of votes in the 2006 Parliament, but the ECI mentioned it only as 5.98 percent of votes and de-recognized the party in 2010.
It is pertinent to state that the ‘TOP’ symbol is not a free symbol notified by ECI and no other political parties claim the symbol, said the affidavit. Hence, to ensure and promote fair and free election the ECI should allocate the ‘TOP’ symbol to MDMK, to enable the voters to recognize MDMK among other political parties, said the affidavit.