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2019 DIGILAW 1100 (SC)

T. T. v. Dhinakaran VS Election Commission Of India

2019-03-26

DEEPAK GUPTA, RANJAN GOGOI, SANJIV KHANNA

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ORDER 1. Leave granted. 2. The appellant in Civil Appeal No. 3205/2019 (arising out of SLP(C) No. 6621/2019) claims to be heading a faction of the AIADMK, on the basis of which he had fought a long and protracted battle for the election symbol of "two leaves", which claim was rejected by the Election Commission of India, two Benches of the High Court and virtually by this Court also by its order dated 15.3.2019, by which a limited notice was issued to explore the possibility of allotment of the symbol of "pressure cooker" to the appellant and the group that he claims to represent. It is the aforesaid limited aspect of the matter that will receive the consideration of the Court. 3. The claim of the appellant to the symbol of "pressure cooker" in an exclusive manner cannot be acknowledged in view of the provisions of Section 29A of the Representation of the People Act, 1951 and the guidelines issued by the Election Commission of India thereunder, which the appellant or his group has concededly not followed. We are, therefore, not inclined to grant any recognition to the appellant or his group to the symbol of "pressure cooker". 4. However, to ensure a level playing field to the contesting parties in the forthcoming Parliamentary elections and the bye-elections in Tamil Nadu and Puducherry Legislative Assemblies, we have taken on record the list of names submitted to us pertaining to candidates of 39 Parliamentary Constituencies in Tamil Nadu and 1 Parliamentary Constituency in Puducherry and 19 in the bye-elections to the Tamil Nadu and Puducherry Legislative Assemblies, which persons, the appellant claims, intend to contest the forthcoming election. 5. Having considered the matter, we are of the view that the following order should govern the parties. 6. The Election Commission of India on due and proper satisfaction that the candidates named in the document marked with the letter 'X' want to contest the election under any one common symbol, will make all endeavour to ensure that in the forthcoming elections i.e. 40 Parliamentary Constituencies (39 in Tamil Nadu and 1 in Puducherry) and 19 Assembly Constituencies (18 in Tamil Nadu and 1 in Puducherry), the aforesaid candidates be allotted any one particular free symbol. We also make it clear that this order will not amount to recognition of the group or any part thereof as a political party registered or unregistered, which decision the Election Commission of India alone would take as and when required. We also make it clear that in the event any of the candidates mentioned in the list marked with the letter 'X' is to be elected, such candidate will be counted as an independent candidate and not belonging to any political party for all purposes including for the purposes of the Tenth Schedule of the Constitution. 7. Beyond the above, we do not consider it necessary and expedient to pass any order. 8. This will dispose of both the civil appeals.