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SC Asks ECI To Process TTV Dhinakaran's Application For Allotment Of Election Symbol If Delhi HC Does Not Decide The Case Within 4 Weeks

Ashok Kini
7 Feb 2019 7:57 AM GMT
SC Asks ECI To Process TTV Dhinakaran
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In a relief to T.T.V. Dhinakaran, the Supreme Court has vacated its order keeping in abeyance the Delhi High Court order that had directed the Election Commission of India to consider permitting him and his group to use a common symbol of "Pressure Cooker".

The bench comprising AM Khanwilkar and Justice Ajay Rastogi were considering an application filed by T.T.V. Dhinakaran asserting that the bye-election to fill up the vacant Assembly Constituency of 168-Thiruvarur has been notified by the ECI on 31st December, 2018 and the date of polling has been fixed for 28th January, 2019.

A Single bench of Delhi High court, while considering Dhinakaran's plea for permission to use "pressure cooker" symbol for local bodies elections likely in April in Tamil Nadu, allowed Dhinakaran to use common symbol and directed the Election Commission to do the needful within three weeks after giving the Dinakaran faction of the AIADMK an appropriate hearing. 

On 28 March 2018, in an SLP filed by AIADMK leaders Palaniswami and Pannerselvam against the high court order, the Supreme Court kept in abeyance the single judge bench order. It had also directed constitution of an appropriate Division Bench, to decide the matter. There was further direction to dispose of the main matter by the end of April, 2018. 
Taking note of the fact that the writ petition is still pending before the Division Bench of the Delhi High Court, the bench issued following directions:
(a) If the writ petition is not finally disposed of by the Division Bench of the High Court within four weeks from today, the Election Commission of India shall process the application of the group represented by respondent No.1 (writ petitioner) in terms of the directions given by the High Court vide interim order dated 9th March, 2018 and issue appropriate directions within two weeks therefrom (i.e. four weeks plus two weeks, from today).
(b) In the event, before the expiry of the stated period, the Election Commission intends to issue any Press Note or Notification for announcing the bye-elections in respect of the vacant Assembly Constituencies in the State of Tamil Nadu or Parliamentary Elections for 2019, as the case may be, it shall pass appropriate directions in compliance with the interim order of the High Court dated 9th March, 2018, within one week from the date of release of such Press Note or Notification and in any case, before the date notified for filing of the nominations, whichever is earlier.

Read Order

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