CHENNAI: Candidates belonging to one political party cannot contest in general elections in the symbol of another political party, a division bench of the Madras High Court was informed on Tuesday.
When a public interest writ petition from ML Ravi, president of Desiya Makkal Sakthi Katchi came up for hearing, the counsel for the Election Commission told this to the bench of Justices M Sathyanarayanan and N Seshasayee, today.
The PIL sought to declare the acceptance of the Forms B submitted by T R Pari Vendhar (IJK-Chennai), D Ravikumar (VCK-Villupuram), A Ganeshamoorthy (MDMK-Erode), P Chinnaraj (Kongu Desiya Katchi-Namakkal) and Dr K Krishnaswamy (Puthiya Tamilagam-Coimbatore) as illegal and against the prescribed Rules and the Allotment of Symbols Act.
Consequently, the petition sought to declare the results announced by the EC as null and void. They all belonging to different political parties, contested the Lok Sabha elections under the `Rising Sun' symbol of the DMK party.
Petitioner contended that allotment of symbol of one political party to a member or office-bearer of another political party, who is not a member of the former, is against the law and the rules framed and the Act. The misuse or the wrong certification declared in Forms-B is arbitrary, unlawful and impersonation and would amount to cheating, petitioner said.
When the matter came up today, the bench also wondered as to whether the action of the RO in accepting the Forms B of the candidates would amount to defrauding the rules and the Act. More than the names of the political parties, their symbols were familiar to the voters and they played a crucial role in deciding the elections, the judges added.
The EC counsel told the bench that the PIL petition is not maintainable at this stage. Only petitions challenging the election of the individual elected candidates, can be entertained, he added. The matter stands adjourned till November 12, by which time the DMK and the elected candidates are directed to file their counters.