Hat Symbol: No Interim Relief to Sasikala-Dhinakaran Faction

The HC was to decide whether the Sasikala-Dhinakaran faction of AIADMK can use the ‘hat’ symbol in RK Nagar polls.

The Delhi High Court, on 4 December, declined to grant any interim relief to the VK Sasikala-TTV Dhinakaran faction of the AIADMK, by dismissing their plea to use the 'hat' symbol in the upcoming by-poll to the R K Nagar assembly constituency.

While dismissing the interim application of Sasikala and Dhinakaran for allotment of the 'hat' symbol, Justice Indermeet Kaur directed the Returning Officer (RO) to give a finding on their plea, independent of the poll panel's 23 November order.

The Election Commission of India, by its 23 November order, had allotted the 'two leaves' symbol to the faction of Tamil Nadu Chief Minister E Palaniswami and O Panneerselvam and set aside its own interim order granting the 'hat' symbol to the Sasikala-Dhinakaran group.

During arguments, the court was of the view that the RO may not take a decision which went against the EC's 23 November order.

The court had reserved its order after hearing arguments on behalf of the EC and the two factions of the AIADMK.

Towards the fag end of the arguments, the poll panel told the court that its RO can be directed to take a decision independent of the EC order.

Subsequently, the court said in its order, "interim application dismissed. This court is not inclined to grant any interim relief.”

The court also issued notice to the Election Commission of India, O Panneerselvam, Tamil Nadu CM E Palaniswami seeking their replies to Sasikala and Dhinakaran's pleas challenging the poll panel's 23 November order allotting the 'two-leaves' symbol to the Panneerselvam-Palaniswami faction.

It sought the response of Madhusudhanan, AIADMK's candidate for the 21 December by-poll and MLA Semmalai, who are also respondents in the pleas by Sasikala and Dhinakaran.

The main petition will be heard on 12 February, the court said.

During arguments, the poll panel, Palaniswami, Panneerselvam and others opposed the grant of 'hat' symbol to Sasikala-Dhinakaran group by the court, saying the RO alone had the power to do so.

They said if the Sasikala-Dhinakaran group do not get the 'hat' symbol, then some other free symbol could be granted to them by the RO.

The court did not appear to agree with the contentions, saying the RO being subordinate to the poll panel, will not go against the EC's 23 November order by which the grant of 'hat' symbol to Sasikala-Dhinakaran group was set aside.

It expressed the view that if the 'hat' symbol was not granted to the Sasikala-Dhinakaran group, then the other side may "win by default".

Elections have to be free and fair. You (Panneerselvam- Palaniswami) should not get a vote by default.

The issue has been lingering since April in the aftermath of the announcement of by-poll to Radha Krishnan Nagar Assembly constituency in Tamil Nadu following the death of AIADMK supremo J Jayalalithaa in December last year.