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Verdict reserved on DMDK plea for common symbol

New Delhi: The Supreme Court on Friday reserved verdict for March 16 on an application filed by actor Vijayakant's Desiya Murpokku Dravida Kazhagam (DMDK) to allot a common symbol, ‘nagara' (drum), to contest the ensuing Assembly polls in Tamil Nadu and Puducherry.

A Bench of Justice Altamas Kabir and Justice Cyriac Joseph also heard applications filed by the Kongunadu Munnetra Kazhagam (KMK), seeking ‘cylinder' symbol; the Manithaneya Makkal Katchi (MMK) seeking ‘candle' and the Viduthalai Chiruthaigal Katchi (VCK), seeking ‘star' symbol.

On behalf of the Election Commission, senior counsel Ashok Desai and counsel Meenakshi Arora strongly opposed these political parties' claim for a common symbol without fulfilling the requirements.

He said the court should not give any direction to the Commission which symbol it should allot to which party as it was the prerogative of the Commission to do so.

He suggested that the court as an interim arrangement could pass an order in these terms: it will be open to the Commission to give a common symbol to a registered party on its own discretion. This decision would be final and would not be subject to any challenge and such an allotment would be only for the present Assembly polls. Such an allotment of symbol would not confer any rights on such registered party. The said symbol would be available to any other candidate in other constituencies where such registered party was not fielding its candidates.

However, counsel for the parties objected to the suggestion and urged the court to pass an order similar to the one it passed in March 2009 directing the Commission to allot the specified symbol.

Earlier senior counsel K.K. Venugopal, appearing for the DMDK, said the party secured over eight per cent votes in the 2006 Assembly elections, but could win only one seat and hence was denied the common symbol. In the 2009 Lok Sabha polls, the party secured 10.8 per cent of the valid votes polled.

He argued that the Election Symbol (Reservation and Allotment) Order specifying that a registered unrecognised political party (RUPP) could get a common symbol only if it fulfilled the twin conditions, viz. six per cent votes and two seats in the Assembly was unconstitutional as it did not truly reflect the will of the people.

Senior counsel Mukul Rohatgi, appearing for the KMK, senior counsel Rajiv Dutta appearing for the VCK and counsel Ravi Shankar and Sengottuvel appearing for MMK, while adopting the arguments of Mr. Venugopal, pleaded for allotment of a common symbol contending that such an allotment would not prejudice the Commission in any manner.

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