JUDGMENT : P.R. RAMACHANDRA MENON, J. 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: Considering the claim of the AIADMK in the State of Tamil Nadu, they have been allotted the symbol of 'two leaves' to contest the election in the State of Tamil Nadu and in the Union Territory of Puducherry. It is also stated that, the said Party is not even a State Party in the State of Kerala. It is also stated that, the said Party is not even a State Party in the State of Kerala. Particulars of the State Parties available in Kerala are given in the Table-II, which is extracted below: 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: 8. Choice of symbols by candidates of National and State parties and allotment thereof.— (1) A candidate set-up by a National party at any election in any constituency in India shall choose, and shall be allotted, the symbol reserved for that party and no other symbol. (2) A candidate set-up by a State party at an election in any constituency in a State in which such party is a State party, shall choose, and shall be allotted the symbol reserved for that party in that State and no other symbol. (3) A reserved symbol shall not be chosen by, or allotted to, any candidate in any constituency other than a candidate set-up by a National party for whom such symbol has been reserved or a candidate set-up by a State party for whom such symbol has been reserved in the State in which it is a State party even if no candidate has been set up by such National or State party in that constituency. (emphasis supplied) 10. (emphasis supplied) 10. Concession to candidates set-up by a State party at elections in other States or Union territories.-- If a political party which is recognised as a State party in some State or States, sets up a candidate at an election in a constituency in any other State or Union Territory in which it is not a recognized State party, then such candidate may, to the exclusion of all other candidates in the constituency, be allotted the symbol reserved for that party in the State or States in which it is a recognised State party, notwithstanding that such symbol is not specified in the list of free symbols for such other State or Union territory, on the fulfillment of each of the following conditions, namely:-- (a) that an application is made to the Commission by the said party for exclusive allotment of that symbol to the candidate set up by it, not later than the third day after the publication in the Official Gazetted of the notification calling the election; (b) that the said candidate has made a declaration in his nomination paper that he has been set up by that party at the election and that the party has also fulfilled the requirements of clauses (b), (c), (d) and (e) of paragraph 13 read with paragraph 13A in respect of such candidate; and (c) that in the opinion of the Commission there is no reasonable ground for refusing the application for such allotment: Provided that nothing contained in this paragraph shall apply to a candidate set-up by a State party at an election in any constituency in a State in which that party is not a State party and where the same symbol is already reserved for some other State party in that State. (emphasis supplied) By virtue of the pleadings and proceedings, it has been substantiated by the respondents that, the claim raised by the petitioner, so as to have the issue considered by the Election Commissioner to allot the symbol of 'two leaves' to the petitioners' Party in the State of Kerala, enabling them to contest the election with the symbol of 'two leaves', is not liable to be entertained. It is also brought on record that, 'Kerala Congress (M)', which is one among the State Parties as given in Table No. II in the State of Kerala, had sought for allotment of symbol of Two Leaves'. The same was considered and recognizing the said Party as a 'State Party', the said symbol had already been allotted to them. This being the position, the relief sought for by the petitioners is not liable to be entertained under any circumstance. There is absolutely no merits or bona fides in the writ petition. Interference is declined and the writ petition is dismissed.