Order allotting Pressure Cooker symbol to Dhinakaran stayed by Supreme Court

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T.T.V Dhinakaran, the leader of the unrecognized faction of the All India Anna Dravida Munnetra Kazghagm has been stopped from using the symbol of the pressure cooker by the Apex Court for a while.

Facts

After the death of Jayalalithaa Jayaraman in December 2016, All India Anna Dravida Munnetra Kazhagam was broken into two groups, both claiming to be the rightful representatives of the two leaves party. The dispute was finally settled by the Election Commission when it recognized the group led by the Tamil Nadu Chief Minister Edappadi K Palaniswami and Deputy Chief Minister O Panneerselvam as the real AIADMK and the rightful representative of the Two Leaves party symbol. In November 2017 Dhinakaran moved to the High Court against this decision of the Election Commission. Dhinakaran knocked on the doors of Delhi High Court in January 2018 seeking permission to use a different name and symbol for his group until the Court decides as to which group can use the name and symbol of All India Anna Dravida Munnetra Kazghagm.

On 9th March 2018, Justice Rekha Pilla of Delhi High Court passed an order which allowed T.T.V. Dhinakaran to use the graphical representation of pressure cooker as the party symbol in the upcoming local body elections. The poll panel was also directed by the High Court to allow a party name to the faction of leaders led by T.T.V Dhinakaran. It should be mentioned here that the same symbol of the pressure cooker was also successfully used by him in R.K Nagar constituency by-election. Order further instructed Election Commission to do the needful within three weeks. A week later, on 15th March AMMK was formally launched with T.T.V Dhinakaran as its party leader. T.T.V Dhinakaran is the nephew of ousted party leader V.K Sasikala who received a four-year jail term by the Supreme Court in the disproportionate assets case. Currently, V.K Sasikala is serving her term in Bengaluru’s Parappana Agrahara central prison.

Verdict of the Court

On Wednesday 29th March 2018 Supreme Court of India put a stay on the above-mentioned order. The Supreme Court bench headed by the Chief Justice of India Deepak Mishra said that this matter needs immediate attention. Moreover, Chief Justice of India also directed the acting chief justice of Delhi High Court Justice Gita Mittal to constitute a division bench and give the final verdict in this cases by April-end.

Learning of the case

From this case, we learn that judicial system of India tries its level best to make sure that nobody is denied the right to contest the election.

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