EDAPADDI K. PALANISWAMI versus DHINAKARAN & ORS.

EDAPADDI K. PALANISWAMI versus DHINAKARAN & ORS.

As the dispute regarding entitlement to party name/symbol is sub judice before the High Court, and considering liberty granted by the Supreme Court, there is no impediment for the Court or ECI to grant interim relief allocating a common symbol to the faction led by respondent No.1. The High Court's interim arrangement is valid and must continue until final adjudication.

Parties
SLP Petitioner: Edapaddi K. Palaniswami; Respondent No.1 (applicant Ma): T.T.V. Dhinakaran; Respondent No.4: E. Madhusudhanan; Respondent No.5: O. Pannerselvam; Respondent No.6: Thiru. Semmalai; Respondent No.3: V.K. Sasikala; Respondent No.2: Election Commission of India
Jurisdiction
India
Judgment Date
07 February 2019
Procedural Posture
Miscellaneous Application in Special Leave Petition (civil) / Post Disposal Application in SLP
Outcome
Miscellaneous Application disposed of; interim arrangement continued.
Legal Topics
Use of Political Party Name and Symbol, Powers of Election Commission, Interim Relief During Election Disputes, Recognition of Political Parties
Election Law Constitutional Law Use of Political Party Name and Symbol Powers of Election Commission Interim Relief During Election Disputes Recognition of Political Parties

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Parties

Edapaddi K. Palaniswami

SLP Petitioner

T.T.V. Dhinakaran

Respondent No.1 (applicant Ma)

E. Madhusudhanan

Respondent No.4

O. Pannerselvam

Respondent No.5

Thiru. Semmalai

Respondent No.6

V.K. Sasikala

Respondent No.3

Election Commission of India

Respondent No.2

Procedural Posture

Miscellaneous Application in Special Leave Petition (civil) / Post Disposal Application in SLP

Legal Issues

  1. 1 Whether a faction claiming to be the real party, pending adjudication, may use a party name and symbol without following registration and recognition process.
  2. 2 Whether the High Court can issue interim directions for allotment of a common symbol during pendency of dispute regarding party name and symbol.

Ratio Decidendi

As the dispute regarding entitlement to party name/symbol is sub judice before the High Court, and considering liberty granted by the Supreme Court, there is no impediment for the Court or ECI to grant interim relief allocating a common symbol to the faction led by respondent No.1. The High Court's interim arrangement is valid and must continue until final adjudication.

Court Disposition

Miscellaneous Application disposed of; interim arrangement continued.

Orders

  • If the writ petition is not disposed by the Division Bench of the High Court within four weeks, ECI shall process the application of respondent No.1 as per High Court’s interim order dated 9 March, 2018, and issue directions within two weeks thereafter.
  • If elections are announced before this period expires, ECI shall pass appropriate directions in compliance with the High Court’s interim order dated 9 March, 2018 within one week from such notification or before the date for filing nominations, whichever is earlier.