Read: Election Commission's order on AIADMK symbol row

This is the second dispute that came before the election commission with Samajwadi symbol row being the first this year.

Chennai, March 23: The Election Commission on Wednesday night decided to freeze the AIADMK's two leaves symbol ahead of the R K Nagar bypoll. This is the second dispute that came before the EC with Samajwadi symbol row being the first this year.

Here is the operative part of the EC's order in the AIADMK symbol row.

Election Commission's order

(a) Neither of the two groups led by the petitioners, E Madhusudhanan, O Panneerselvam and S Semmalai and the respondents V K Sasikala and TTV Dhinakaran shall be permitted to use the name of the party 'All India Anna Dravida Munnetra Kazhagam' simplicitor

(b) Neither of the aforesaid two groups shall also be permitted to use the symbol 'Two Leaves', reserved for 'All India Anna Dravida Munnetra Kazhagam'

(c) Both the groups shall be known by such names as they may choose for their respective groups, showing, if they so desire, linkage with their parent party 'All India Anna Dravida Munnetra Kazhagam'

(d) Both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the EC for the purposes of the current bye-election from Dr Radhakrishnan Nagar assembly constituency in Tamil Nadu.

The EC has asked both groups to furnish names of their groups by which they would like to be recognised before 10 pm on Thursday. The groups must also choose three symbols in preferential order so that one of the three is allotted to them to contest the polls.

The groups are allowed a further and the final opportunity of submitting and adding all documents and affidavits latest by April 17 in the case.

What happened on Wednesday in Election Commission

Both factions of the AIADMK through their representatives placed arguments were placed before Chief Election Commissioner Dr Nasim Zaidi and election commissioner O P Rawat, A K Joti. Considering that the last date to file nominations for the April 12 bypoll is March 23, a full bench of the Election Commission heard the arguments on March 22. In the hearing that lasted six hours, arguments were advanced by C S Vaidyanathan and Krishan Kumar on behalf of the Panneerselvam camp and A Sundaram, Mohan Parasaran and Salman Khurshid represented Sasikala Natarajan camp.

Observations of the EC

• Based on the documents submitted by the petitioners and the respondents followed by oral arguments of their representative, the commission is satisfied that there are two rival groups in the party led by E Madhusudhanan and V K Sasikala, and each group claims to be the party and therefore, the matter needs determination.
• The commission, at the outset of the hearing itself, had told all the parties that it would not go into the question of the appointment of respondent Sasikala Natarajan as general secretary of the party. It also added that the present hearing would be confined only to the question of allotment of the reserved symbol of the party to its candidate at the current bye-election from Dr Radhakrishnan Nagar assembly constituency.
• The commission is concerned only with the limited aspect of the use of the said symbol 'Two Leaves' reserved for the party in the bypoll to R K Nagar assembly constituency seat.
• It is apparent that the examination and analysis of voluminous documents and a huge number of affidavits filed by both the groups in support of their respective claims would require considerable time as both the groups have pointed out several discrepancies and legal infirmities in those individual affidavits.
• It is almost humanly impossible to study all the aforesaid records running into more than 20,000 pages and to analyse the oral submissions made by the learned senior counsels for more than six hours continuously, and then come to a definite finding or conclusion on the disputed questions of facts and law.
• Any hasty decision in a matter of a few hours before the commencement of the nominations process may lead to an erroneous conclusion or finding, prejudicially affecting the rights and interests of either or both the groups.
• It would not be fair in the interest of equity, justice and fair play -- in-action to deny them the opportunity of doing the needful in the matter, as prayed for.
• The commission is not in a position to give any final decision at the present juncture. The commission hereby makes the following interim order, purely for the purposes of the current bye-election from Dr Radhakrishnan Nagar assembly constituency in Tamil Nadu.

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