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Delhi HC rejects Dhinakaran’s plea for allotment of ‘hat’ symbol

December 05, 2017 07:49 am | Updated 07:49 am IST - New Delhi

No procedure exists for allotting free symbol, says EC

T.T.V. Dhinakaran

The Delhi High Court on Monday rejected a plea of the V.K. Sasikala-T.T.V. Dhinakaran faction of AIADMK seeking the ‘hat’ symbol for the byelection to the R.K. Nagar Assembly seat in Chennai, scheduled to be held on December 21.

The High Court judge, however, directed the poll panel’s Returning Officer to give a finding on the Sasikala-Dhinakaran group’s plea, independent of the poll panel’s November 23 order, which set aside its own interim order granting the ‘hat’ symbol to the group.

The Election Commission, by its November 23 order, allotted the AIADMK’s ‘two leaves’ symbol to the Panneerselvam-Palaniswami group, holding that it enjoyed majority in the party's legislative and organisational wings.

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The High Court said it would hear on February 12 next year the main petition filed by Sasikala and Mr. Dhinakaran in which they challenged the poll panel’s decision. It had sought a response from the Election Commission, Deputy Chief Minister O. Panneerselvam and Tamil Nadu Chief Minister Edappadi K. Palaniswami on the pleas of Sasikala and Mr. Dhinakaran. The court also sought the response of Madhusudanan, AIADMK’s candidate for the R.K. Nagar constituency.

During the hearing, the Election Commission argued that there was no procedure in law to reserve a free symbol for an individual. It said ‘hat’ was a free symbol.

The Palaniswami-Panneerselvam group argued that after the Election Commission’s November 23 order, Mr. Dhinakaran is not part of any group but is an independent candidate.

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