'We lost bargaining power to seal two seats in alliance deal due to non allotment of common symbol', says MDMK in HC
The de recognisation of MDMK by the ECI is illegal as the party secured 5.98 percent vote in 2006 Parliament election, said the counsel.
Madras High Court
CHENNAI: Our bargaining power has came down to get two seats in the alliance deal as the Election Commission of India (ECI) is not allotting the 'Top' symbol to us, MDMK submitted before the Madras High Court.
The first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy directed the ECI to furnish the list of free symbol and reserved symbol for the Parliament election.
Senior counsel Ajmal Khan appearing for MDMK sought to allot the TOP symbol as the last date for alloting symbol is March 30.
Despite we have furnish all the documents including audit reports the ECI is sending communication seeking to furnish further documents and not alloting the TOP symbol, said the counsel.
The de recognisation of MDMK by the ECI is illegal as the party secured 5.98 percent vote in 2006 Parliament election, said the counsel.
The standing counsel for ECI, Niranjan Rajagopal submitted that since MDMK is de recognised 14 years ago the returning officer vested with the power to allot symbol while accepting the nomination. Right now the ECI could not allot the symbol, said the counsel and asked to write to the returning officer.
Under section 12(3) A of Election Symbols (Reservation and Allotment) Order, 1968, the returning officer will allot the free symbol and priority will be given to the un recognised political party, said the counsel.
The standing counsel also submitted that under 10 -B of Election Symbols (Reservation and Allotment) Order, MDMK could not seek the common symbol as the party alloted only one seat in the alliance. For alloting common symbol a party should at least contest in minimum two seats, hence MDMK's request would be dismissed, he added.
The counsel for MDMK submitted due to the non allotment of common symbol by the ECI, MDMK lost bargaining power to seal two seats in negotiations with the alliance.
Further, the counsel submitted that in earlier elections TOP symbol was alloted to MDMK as free symbol, since symbol plays vital role in the elections the counsel sought to allot TOP to MDMK.
After the submissions the bench directed ECI to furnish the list of free and reserved symbols and passed over the matter to the afternoon.
