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2017 DIGILAW 1545 (SC)

T. T. v. DINAKARAN VS B RAMKUMAR ADITYAN

2017-10-06

A.M.KHANWILKAR, D.Y.CHANDRACHUD, DIPAK MISRA

body2017
ORDER : Exemption from filing certified copies of the impugned orders is allowed. 2. Heard Mr. Ashok Desai, learned senior counsel alongwith Mr. Vivek Singh, learned Advocate-on-Record for the petitioner and Mr. Mukul Rohatgi, Mr. C.S. Vaidyanathan and Mr. Guru Krishna Kumar, learned senior counsel alongwith Mr. Balaji Srinivasan, learned Advocate-on-Record for the contesting respondents. 3. The special leave petitions challenge the orders dated 15.09.2017 in W.P.(MD)No.15818/2017 and in W.M.P.(MD)No.14873/2017 passed by the Madurai Bench of Madras High Court. 4. The fundamental controversy pertains to right to the symbol allocated by the Election Commission of India to the AIADMK, a political party. The intra-party dispute need not be stated. Suffice it to state that there is a dispute with regard to the symbol. The petitioner claims that he is authorised to have the symbol and the contesting respondents claim to the contrary. 5. As perceived from the order passed by the High Court, it has directed the Election Commission of India to decide the matter by 31st October, 2017. 6. In the course of hearing, we have been apprised that the Election Commission had kept the matter for hearing at 3.00 p.m. today but as it was told that the matter is going to be taken up by this Court after 2.00 p.m., it has deferred the matter to 3.30 p.m.. 7. Mr. Ashok Desai, learned senior counsel appearing for the petitioner contends that a number of affidavits have been filed by the respondents and therefore, time is required to advert to the same and further it is necessary to refute the same. 8. On the contrary, Mr. Mukul Rohatgi, learned senior counsel would submit that the affidavits have been filed on the basis of the directions issued by the Election Commission of India. 9. How the affidavits are to be dealt with or adverted to, need not be entered into in these special leave petitions. The Election Commission has the authority under the Representation of People's Act, 1951 and Election Symbols (Reservation and Allotment) Order, 1968 to decide who is entitled to retain the symbol in case of dispute. 10. We will be failing in our duty, if we do not say that because of the direction issued by the High Court, the Election Commission of India is likely to perceive that the guillotine must come within the time fixed. We do not so perceive. 10. We will be failing in our duty, if we do not say that because of the direction issued by the High Court, the Election Commission of India is likely to perceive that the guillotine must come within the time fixed. We do not so perceive. Be that as it may. 11. Regard being had to the facts and circumstances of the case we request that the Election Commission of India may commence hearing today at 4.00 p.m.. The Election Commission shall dispose of the proceedings expeditiously and preferably by 10th November, 2017. We repeat at the cost of repetition that the Election Commission is a constitutional functionary and we are absolutely certain that it shall be guided by the procedure known to law. 12. The special leave petitions are accordingly disposed of.