The first bench comprising Chief Justice Sanjib Banerjee and Justice P D Audikesavalu said, “If, what the petitioner suggests, is correct and it is the fact that the television symbol was issued by the Election Commission of India (ECI) to the petitioner in course of the 2016 Assembly elections and the allotment of such symbol has not been subsequently canceled or the same symbol allotted to any party by ECI for the 2019 Parliamentary elections or the 2021 Assembly elections, even the rule quoted by the State Election Commission may entitle the petitioner to retain the same symbol.”
“Accordingly, the State Election Commission is directed to reconsider its stand and indicate a considered view to the court when the matter appears next, on September 27, 2021. The matter will be taken up by the Bench presided over by the Chief Justice in Madurai on the virtual mode,” the bench held.
Pudiya Tamilagam had submitted that its request for the allotment of the common symbol of a television set has been unlawfully declined by the State Election Commission by its impugned communication dated September 17, 2021.
Advocate Niranjan Rajagopalan, took notice on behalf of the ECI while advocate S Siva Shanmugam,took notice on behalf of the State Election Commission.