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'Party Can't Contest EC Directive'

The Election Commission on Wednesday filed a counter affidavit demanding dismissal of AIADMK petition that challenged the Election Commission order to conceal the painting of leaves appearing on mini buses plying in Chennai.

Published: 20th March 2014 08:02 AM  |   Last Updated: 20th March 2014 08:02 AM   |  A+A-

The Election Commission on Wednesday filed a counter affidavit demanding dismissal of AIADMK petition that challenged the Election Commission order to conceal the painting of leaves appearing on mini buses plying in Chennai.

The petition filed by Chief Electoral Officer Praveen Kumar said that the direction issued by election commission is one relating to elections and thus an electoral matter.

“The petitioner is, therefore, barred under Article 329 (b) from questioning the order of Election Commission as such the writ petition is barred under the law,” he stated.

Stating that the decision taken on MGR memorial cannot be compared with regard to painting on the buses, Kumar said that Election Commission was of the view that no useful purpose would be served by covering the structure at MGR Memorial which is a permanent structure located at a particular spot. However, with regard to buses, they keep on moving from place to place, he said.

Kumar also said that if there is no similarity between the two leaves symbol and painting of leaves on the buses, it is not known as to how the petitioner party is affected by the decision of the commission, he reasoned. He also stated that the party cannot be called “aggrieved party” as the direction has been issued against “state-owned” buses.

Kumar also said that it was immaterial whether the painting on the buses was an exact representation of the ‘Two Leaves’ symbol. “It is a matter of perception. In the circumstances, even uncanny resemblances between the two would be a sufficient for EC to intervene and pre-empt the possibility of due advantage,” he said.

“The commission even removes free symbols if it considers that the design of the free symbol could be seen as bearing resemblance to the reserved symbol of any party,” he added.

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