TTV Dhinakaran moves SC against allotment of Two Leaves symbol to EPS-OPS Faction [Read Petition]
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TTV Dhinakaran moves SC against allotment of Two Leaves symbol to EPS-OPS Faction [Read Petition]

Meera Emmanuel

TTV Dhinakaran has moved the Supreme Court against the Delhi High Court’s decision to allot the AIADMK’s Two Leaves party symbol to the faction led by EK Palaniswami and O Panneerselvam (EPS-OPS faction).

The Delhi High Court had passed the ruling last month while upholding the 2017 verdict of the Election Commission of India (ECI).

The Special Leave Petition (SLP) filed by Dhinakaran, who presently leads the Amma Makkal Munnetra Kazhagam, challenges both the Delhi High Court and the ECI verdicts. It is pointed out that it is the admitted case of all parties that any alteration in the basic structure of the party constitution would render the party a new being. 

While this is the case, Dhinakaran has contended that the party led by him fulfils all the criteria under Para 15 of the Symbol (Reservation and Allotment) Order, 1968 to claim the Two-Leaves symbol i.e.

(i) they have the majority support,

(ii) they are entitled to represent the party as per the party Constitution and

(iii) they fulfil all the aims and objects of the party.

Objection has also been raised against the manner in which the ECI had conducted its proceedings while deciding the dispute. Dhinakaran contends that the ECI had selectively applied different tests and different stages which unfairly benefited the EPS-OPS faction. The petition states that the manner in which ECI conducted the proceedings “reek of bias and malafide and vitiate the sanctity of the final order passed by the ECI.”

Soon after the death of AIADMK supremo J Jayalalithaa on December 5, 2016, the AIADMK party split into two factions. While one faction was led by AIADMK leaders TTV Dhinakaran, Sasikala and deputy CM O Panneerselvam,  the other was led by Tamil Nadu chief minister EK Palaniswami. Panneerselvam and Palaniswami later joined hands to oust Sasikala and Dhinakaran from the party.

On November 23, 2017, the Election Commission allotted the Two Leaves symbol to the EPS-OPS faction on the ground that they enjoyed the support of the majority of members in the legislative and organizational wings. The appeal filed by Dhinakaran and Sasikala against this ruling before the Delhi High Court was dismissed on February 28 this year by a Bench of Justices GS Sistani and Sangita Dhindra Sehgal.

The present SLP filed against this ruling is likely to be heard on March 15.

Read the Petition:

SLP-TTV-Two-Leaves-SC.pdf
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