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The Election Commission asserted that VCK's request was declined because it failed to secure 1% of the total valid votes in previous elections
In a significant development, the Delhi High Court directed the Election Commission to retract its rejection of Viduthalai Chiruthaigal Katchi's (VCK) plea for a common symbol in the general elections across Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, and Kerala.
VCK challenged the denial of their petition, with Senior Advocate Rajiv Nayyar arguing that the communication from the Election Commission violated key provisions of the Election Symbols (Reservation and Allotment) Order, 1968, specifically Clause 10B(B) along with Explanation Nos. (i) and (ii).
This was not the first time VCK had sought a common symbol; however, the Election Commission had rejected their previous petition. The basis for this denial, according to the EC, was VCK's failure to meet the 1% threshold in previous elections. VCK, however, argued that they had indeed surpassed this threshold in the 2019 elections.
The bench of Justice Sachin Datta directed the Election Commission to withdraw the contested communication immediately, a directive promptly adhered to by the Commission. Furthermore, the court instructed the Election Commission to craft a new order, taking into account the arguments presented by VCK. The Court ensured that this updated order would be swiftly communicated to VCK.
During the hearing, Senior Advocate Rajiv Nayyar stressed the urgency of the matter, especially with the deadline for filing nominations in Tamil Nadu approaching. VCK expressed its intention to submit nominations under the symbol "POT," although the court refrained from expressing an opinion on this matter.
Subsequently, the court concluded the proceedings by disposing of both the petition and the accompanying application.
Case Title: Viduthalai Chiruthaigal Katchi v Election Commission Of India (W.P.(C) 4529/2024)
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