Supreme Court: In the controversy relating to right to the symbol allocated by the Election Commission of India to the AIADMK, the 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr DY Chandrachud, JJ asked the Election Commission of India to commence the hearing and dispose of the proceedings expeditiously, preferably by 10th November, 2017.
TTV Dinakaran, the petitioner, had claimed that he is authorised to have the symbol and the contesting respondents claim to the contrary. Senior counsel Ashok Desai, appearing for the petitioner had argued that a number of affidavits have been filed by the respondents and therefore, time is required to advert to the same and further it is necessary to refute the same. On the contrary, Senior Counsel Mukul Rohatgi, appearing for the respondents had argued that the affidavits have been filed on the basis of the directions issued by the Election Commission of India.
Refusing to go into the veracity of the affidavits, thee Court said that the Election Commission has the authority under the Representation of People’s Act, 1951 and Election Symbols (Reservation and Allotment) Order, 1968 to decide who is entitled to retain the symbol in case of dispute. [TTV Dinakaran v. B. Ramkumar Adityan, 2017 SCC OnLine SC 1199, order dated 06.10.2017]