HYDERABAD: The High Court of Telangana on Tuesday rejected the TRS’ request for an order to the Election Commission of India (ECI) ordering it to not allot independent candidates in the Munugode byelection symbols such as the camera, chapati roller, dolli, roadroller, soap dish, television, sewing machine and ship among others since they are similar to pink party’s car symbol.
A division bench comprising Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy, stated that the ECI had taken into account various facets of the representation made by the general secretary of the TRS and had issued a decision on October 17, 2022, rejecting it after due consideration.
Vinod Kumar meets ECI officials
Later in the day, Telangana State Planning Board Vice Chairman B Vinod Kumar met with ECI officials in New Delhi and raised objections to the allotment of ‘roadroller’ symbol to an Independent candidate in the Munugode bypoll stating that the election body had removed the symbol after TRS raised objections in the 2011 elections.
Cannot intervene after notification is published for elections, HC tells TRS
During the course of the arguments, Raghuram, senior counsel representing the TRS, informed the court that the ECI is required by law to act on the petitioner's representation as it is the party's right to have an election symbol. During the 2018 general election, after TRS submitted a petition, the ECI removed the truck symbol which resembled the car.
While reading the list of symbols, CJ Bhuyan noted that with the exception of the chapati roller, every other symbol was significantly different from the car emblem. While making his case, Avinash Desai, standing counsel for the ECI, informed the bench that the poll body had taken into account the TRS' representation and rejected it on October 17, 2022. It had provided a copy of this decision to the court and the petitioner's counsel.
The TRS filed a writ petition but it cannot be maintained because the submission was made on October 10, while the election notification was released on October 7. Electoral procedures start after the notification is released, and it is against Article 329(4)b of the Indian Constitution to request the removal of certain election symbols from the list.
Additionally, he stated that the TRS was a recognised party and that the petitioner had never previously complained to the ECI about the removal of any of the election symbols. The ECI announced a list of 47 candidates on October 17, 2022, and Monday was the final day for applicants to remove their names from consideration.
The standing counsel for ECI stated before the court that the rejection decision was also served on the petitioner on Monday. The division bench dismissed the writ petition filed by the TRS general secretary after hearing the arguments on both sides, stating that the High Court cannot intervene after the notification is published for the Munugode byelection.
Regarding the TRS party's plea in the ECI 2018 elections, the ECI removed the iron box and truck from the list of symbols because it resembled the car, and the current list of eight symbols has been in place since the day the TRS was recognised as a political party. Meanwhile, party leaders called on Telangana poll officials and submitted a memorandum on the similar symbol issue.