SUNDARAMOORTHY V. Vs. CHIEF ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) The petitioners are members of 'The All India Anna Dravida Munnettra Kazhakam' (AIADMK in short) at Ernakulam, which party, according to the petitioners, is having sufficient roots in Kerala as well. It is stated that the 1st petitioner had contested the election held in 2011 to the State Legislative Assembly, from the Kalamassery Constituency, but could secure only 186 votes as borne by Ext. P4. The grievance of the petitioner is that he was not allotted the symbol of 'two leaves' (which is stated as the symbol allotted to AIADMK), as it had been allotted to a party in Kerala State, by name Kerala Congress (M) and if the 1st petitioner had been allotted the same symbol, the entire scenario would have been different. It was in the said circumstance, that the 1st petitioner had approached the Election Commission by filing Ext. P10 representation dated 08/02/2013 seeking for allotment of the symbol of 'two leaves' to the party of the petitioners, which according to the petitioner, is a 'National Party' coming within the purview of Rule 6(2) of the Election Symbols (Reservation and Allotment) Order, 1968.

(2.) The respondents have filed a detailed statement pointing out the actual facts and figures and rebutting the claim and averments of the petitioners in the writ petition. The respondents have stated point blank that, 'AIADMK' is not a National Party, as per the notification issued by the 1st respondent in pursuance of paragraph 17 of the Election Symbols (Reservation and Allotment) Order, 1968 No. 56/2013/PPS-II dated 18/01/2013, which was published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (iii). It has been asserted by the respondents that the said Party is only a 'State Party' under the provisions of paragraph 6A of the aforesaid order in the State of Tamil Nadu and the Union Territory of Puducherry. Particulars of the National Parties in India have been clearly given in Table-I which is extracted below for convenience of reference:

(3.) With regard to the claim mooted by the petitioners, this Court finds that, the issue has to be considered with reference to Paragraphs 8 and 10 of the Election Symbols (Reservation and Allotment) Order, 1968 also. The said provisions read as follows: