The Madras High Court on Wednesday upheld an order from the Indian Election Commission denying the attribution of the symbol “Television” to the political party Puthiya Thamilagam, led by Dr K Krishnasamy. The Election Commission had made it clear that if the requesting political party did not seek the required number of seats, “then said common symbol will not be available to their candidates”, the first bench of Chief Justice Sanjib Banerjee and Judge PD Audikesavalu. stressed while rejecting a PIL petition from PT State Secretary General VK Aiyar.
The petition sought to quash a September 17 letter from ECI, rejecting the call to assign the symbol TV to PT, as illegal and arbitrary.
The judiciary declared that the common symbol of Television has been provisionally assigned to the requesting political party and to the candidates to stand in the parliamentary elections of 2016, subject to the condition of paragraph 10B of the Symbols Ordinance, 1968. It is not disputed that the condition was not fulfilled. At least, on a direct request from the court to the applicant, the answer is that the attribution of the television symbol to the applicant political party has not been revoked.
Since no case has been established that the consequence indicated in the letter of the Electoral Commission of 30 March 2016 did not attach to the requesting political party because the requesting political party did not comply with the paragraph 10B of the Symbols Ordinance, 1968, the attribution of the television set as a common symbol is, in the circumstances, deemed to have been canceled.
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