CHENNAI: The Chennai City Civil Court has declined to grant an order freezing the PMK's election 'Mango' symbol, dismissed the interim applications filed by founder Dr S Ramadoss, and directed him to seek a remedy before the Election Commission.
The dispute between Dr Ramadoss and his son, Anbumani Ramadoss, remains pending. The Election Commission of India had allotted the party's 'Mango' symbol to Anbumani Ramadoss, whose allocation was challenged by Dr Ramadoss before the Supreme Court.
A Supreme Court Bench headed by the Chief Justice of India, while hearing the matter, said the petitioner had already filed a civil suit. The court said the petitioner could file an appropriate application raising his demand before the Civil Court. And directed the Civil Court to decide the same after hearing the parties and in accordance with the law within a period of three days.
In pursuance of the said directions, interim applications were filed by Ramadoss seeking a direction to the Election Commission to freeze the 'mango' symbol, and also by Vadivel Ravanan, General Secretary of the Anbumani-led faction, seeking to implead himself as a party to the proceedings.
The applications were heard by Judge M Dharmaprabu of the City Civil Court. Anbumani Ramadoss argued that S Ramadoss conveniently filed various cases before various Courts and at the last moment, to create pressure.
And he submitted that the election process has been started, and therefore it is not proper for this Court to interfere with the same and sought dismissal of the petitions.
ECI argued that the election process has already commenced pursuant to the notification issued by the Election Commission of India. The polling schedule has been fixed and, in certain constituencies, even the stage of scrutiny of nominations has been completed.
It is a settled principle of law that once the election process has begun, Courts should exercise extreme circumspection and ordinarily refrain from passing orders which may interfere, interrupt, or stall the electoral process.
After hearing all the side's judge pronounced the orders on Thursday, noting that the plaintiff had failed to establish a prima facie case or irreparable injury. Any interference at this stage would disrupt the ongoing electoral process, which the court declines to do.
Accordingly, the application filed by Ramadoss seeking a direction to the Election Commission to freeze the 'Mango' symbol is dismissed. Ramadoss to approach the Election Commission of India, if permissible in law, and any such representation shall be considered on its own merits in accordance with law.
And the application seeking the impleadment of Vadivel Ravanan as a party to the suit is allowed.