Delhi HC to decide the main dispute between the two AIADMK factions over claims on the party and its ‘two leaves’ symbol by April end.
The Delhi High Court in its order on March 9, had also asked the poll body to permit Mr. Dhinakaran to give a political name for his faction.
On March 15, Mr. Dhinakaran launched his new political party — Amma Makkal Munnetra Kazhagam (AMMK).
The Dhinakaran faction had rode to a thumping victory under the free election symbol 'Pressure Cooker' during the R.K. Nagar constituency by-polls.
Mr. Dhinakaran is the nephew of V.K. Sasikala, the former confidante of Jayalalithaa.
Sasikala is serving a four year jail term after she was convicted in the ₹ 66.65 crore disproportionate assets case.
'Decide on the main dispute'
A Bench led by Chief Justice of India, Dipak Misra, further requested the Chief Justice of Delhi High Court to constitute a Division Bench to hear the petition filed by Mr. Dhinakaran claiming that his faction is the real AIADMK and the party symbol of 'Two Leaves' should go to him rather than the rival faction headed by Tamil Nadu Chief Minister ‘Edappadi’ K. Palaniswami and Deputy Chief Minister O. Panneerselvam.Mr. Dhinakaran had moved the Delhi High Court after the Election Commission, on November 23 last year, recognised the faction of Mr. Palaniswami and Mr. Panneerselvam as the "real" AIADMK and rightful representatives of 'Two Leaves' — the reserved election symbol of the party.
The Supreme Court said that considering the fact that the controversy "requires immediate attention", the High Court division bench should finish the matter and render its final judgment by the end of April 2018.
The apex court order came in three separate special leave petitions filed by Mr. Palaniswami and Mr. Panneerselvam and another leader belonging to their faction.
'TTV wants to create a party within the party'
Senior advocates Mukul Rohatgi, C.S. Vaidyanathan and K.V. Vishwanathan, for the Palaniswami-Panneerselvam faction, argued that the Dhinakaran faction's efforts were to "create a party within the party and wanted to fly both the Pressure Cooker and the Two Leaves symbols side by side". Mr. Rohatgi said Mr. Dhinakaran's splinter group was not a recognised or registered party. He said Mr. Dhinakaran was indulging in anti-party and anti-government activities. Mr. Rohatgi said Mr. Dhinakaran's actions to work against the party from within the party was "completely unconstitutional"."He wants his own flag to flutter with the Two Leaves symbol. He also wants the Pressure Cooker. So he wants two flags - Two Leaves and Pressure Cooker - to fly at the party office. This is completely against the ethos of the party. The Election Commission has recognised me as the real party and the real leader," Mr. Rohatgi, for Mr. Palaniswami, contended.
Mr. Rohatgi said the Election Commission had not given any symbol to Mr. Dhinakaran faction. The Pressure Cooker symbol was only an "ad hoc one".
Defending the Dhinakaran faction, senior advocates Ashok Desai, Amarendra Sharan and Meenakshi Arora said what they wanted was a "level playing field".
They argued that the people identify the Dhinakaran faction with the Pressure Cooker symbol. Mr. Desai asked why the rival faction was objecting to them getting the Pressure Cooker symbol as an interim arrangement till their claim for 'Two Leaves' is finally decided by the Delhi High Court.
"They will not eat hay and let the cow eat the hay," Mr. Desai submitted.
"Whether you are the party or they are the party has to be finally decided by the high court... To end this controversy, we will ask the high court chief justice to form a Division Bench to finish this matter," the Chief Justice said.
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