CHENNAI: The Madras High Court has dismissed a petition seeking to restrain the Naam Tamilar Katchi from using the 'farmer' symbol, which was alleged to be deceptively similar to the 'plough farmer' symbol of the Janata Party.
In the context of the forthcoming Tamil Nadu Legislative Assembly elections, the Election Commission of India had allotted the "farmer" symbol to Naam Tamilar Katchi.
Aggrieved by the said allotment, Shri Manoj Ramachadra Iyer, National General Secretary of the Janata Party, filed a petition before the Madras High Court.
In his plea, he stated that their party was formed in the year 1977 and has been consistently using its official symbol, Chakra–Haldhar (farmer with plough), in various elections across different states. He contended that Naam Tamilar Katchi is also using a similar farmer symbol and that such use is illegal and violative of the principles governing free and fair elections.
He sought a direction to restrain Naam Tamilar Katchi from using the "farmer" symbol. It was further submitted that a representation made to the Election Commission in this regard had not been duly considered.
When the case came up for hearing before a Bench comprising Chief Justice SA Dharmadhikari and Justice G. Arul Murugan, the ECI submitted that the Janata Party has lost its recognised status and, therefore, has no vested right to retain or claim exclusivity over the "plough farmer" symbol. It was also contended that the Supreme Court of India has affirmed this legal position.
The Bench observed that the petitioner had failed to place on record the relevant orders of the Election Commission allotting the respective symbols. The Bench further relied on the Supreme Court's ruling that an unrecognised party cannot claim a right over a reserved symbol. Accordingly, the Court dismissed the petition.