The Election Commission of India (ECI) on Monday objected to giving the common electoral symbol of ‘pressure cooker’ to Amma Makkal Munnetra Kazhagam (AMMK), the breakaway group from ruling All India Anna Dravida Munnetra Kazhagam (AIADMK) led by T.T.V. Dhinakaran and V.K. Sasikala in Tamil Nadu.
Appearing before a Bench led by Chief Justice of India Ranjan Gogoi, the Commission said common electoral symbols cannot be given to groups or bodies not registered with the Election Commission as a political party under Section 29A of the Representation of the People Act of 1951.
Section 29A mandates that “any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party”.
“We have so far not received any such application from this group,” advocate Amit Anand Tiwari for the Election Commission submitted on Monday.
To this, Chief Justice Gogoi asked “is pressure cooker a reserved symbol? He (Dhinakaran) has been using it… What is the difficulty now?”
Mr. Tiwari said the symbol can be used by an individual but not by a group. “His is not a political party. It (pressure cooker) can be given to an individual, but not to a group,” the poll body counsel argued.
In the previous hearing, the apex court had sought the Election Commission’s response on the “limited question raised by AMMK leader T.T.V. Dhinakaran on whether his faction can continue using the common symbol ‘pressure cooker’ for the upcoming elections”.
Appearing for Mr. Dhinakaran, senior advocates Kapil Sibal and A.M. Singhvi said the ECI stand would lead to 54 AMMK candidates fighting polls under 54 different symbols. “Rivals will win by default,” Mr. Singhvi pointed out to the court.
But the court was irked by the very fact that the ECI did not respond to the court’s notice with an affidavit. Calling forward the Principal Secretary, ECI, the Bench asked him, “Don’t you think the ECI should have put your views in writing?”
The court directed the ECI to file its counter affidavit in the course of the day and scheduled the case for hearing on March 26.
Mr. Sibal vehemently protested, saying March 26 was the last date of filing nomination for Mr. Dhinakaran for the Lok Sabha polls.
“We will take up this case the first thing at 10.30 a.m. tomorrow (March 26),” Chief Justice Gogoi assured Mr. Dhinakaran’s side.
