The Hindu : New Delhi News : DMDK’s plea: Supreme Court notice to poll panel

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Wednesday, Nov 26, 2008
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DMDK’s plea: Supreme Court notice to poll panel

J. Venkatesan

New Delhi: The Supreme Court on Tuesday issued notice to the Election Commission on a writ petition filed by actor Vijayakant, president of the Desiya Murpokku Dravida Kazhagam for a direction to recognise DMDK as a State party and to allot the reserved symbol ‘nagara’ (drum) in all future elections.

A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice J.M. Panchal issued notice after hearing senior counsel K.K. Venugopal for the DMDK.

Counsel submitted that the party secured 8.33 per cent votes in the 2006 Assembly elections in Tamil Nadu but got only one seat though it emerged as the third largest party in the State. He said the Election Commission passed an order stating that the party became ineligible for recognition as a State party and consequently for reservation of its symbol ‘nagara’ on which it contested the 2006 polls.

Citing various instances, Mr. Venugopal said imposing a condition on securing certain number of seats was arbitrary as the party should be recognised on the basis of the percentage of votes it secured.

Intervening, the CJI told counsel “unless you {party} get seats you can’t rule though you may have the percentage of votes.” Mr. Venugopal replied “I {DMDK} will capture the Assembly next time.” The CJI replied “if you are such a political party to sweep the elections why do you worry about symbol.” Counsel, however, said the Commission’s decision was arbitrary. The Bench then issued notice seeking the Commission’s response.

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