Read Time: 04 minutes

Synopsis

The bench of Justice Sachin Datta of the Delhi High Court has scheduled the AIADMK symbol case for further adjudication on March 14, 2024, following a hearing where counsels presented arguments.

Advocate Kartik Venu, representing one of the factions, highlighted the existence of two rival factions within the AIADMK, each advocating for a different leader, leading to internal discord.

However, ECI represented through its standing counsel – Ankit Agarwal, Advocate along with Ashish Shukla, Advocate countered this argument by stating that the petitioner's request is solely focused on the “two leaves” symbol issue. The counsel emphasized that no formal representation regarding the “two leaves” symbol was submitted. Additionally, it was pointed out that the petitioner, while claiming to be a member of the party, lacks the legal standing as a leader to assert representation.

It was further asserted that the petitioner would need to demonstrate legislative majority to claim representation on behalf of the party, only then could they legitimately pursue the symbol reserved for the party. The counsel clarified that in such cases, the Election Commission would issue notices to all concerned factions for appropriate action under Paragraph 15 of the Symbols Order, 1968.

The dispute over the AIADMK symbol arose internally following the passing of party leader Jayalalithaa in 2016. This led to the emergence of two factions, led by Panneerselvam and Palaniswamy on one side and Sasikala on the other side, each asserting ownership of the party symbol. Last year, the high court instructed the Election Commission to decide on representation from the party seeking updates to its amended bylaws on the ECI’s website. Subsequent legal battles have revolved around issues of party democracy and legislative majority.

The case will be revisited on March 14 for further proceedings.

Case Title: VA Pugazhendi v The Election Commission Of India