HC refuses ‘Cycle ride’ for TMC in Thanjavur

A division bench comprising Justice S. Manikumar and Justice Subramonium Prasad said “A perusal of the representation dated 28/01/2019 shows that the petitioner has sought for a larger relief to allow bicycle symbol and toquash the section 10 A, 9B of the Election Symbols (Reservation and allotment) order 1968. The petitioner submits that they are not aggrieved over the entirety of the order.”

“But constraint of the party cannot be granted to deviate transgress or violate constitutional mandate which the ECI and the political party have to adhere. We are not inclined to grant any interim order,” the bench added.

Vasan had submitted in his plea that though he is obliged to the ECI for having allotted the bicycle symbol, the present proceedings are confined only to quashing two aspects contained in the impugned order. The first one relates to the allotment being done under para 10B of the symbols order which prescribes a minimum number of constituencies as prescribed for grant of common symbol while the other aspect is that the said allotment is only confined to this general election alone. Noting that if these two conditions are removed this allotment of bicycle symbol to TMC is perfectly valid and illegal, Vasan said though the impugned order is actually in favour, the same cannot be used because TMC is contesting in only one Parliament seat and as per this order, TMC has to contest two Parliament seats and secondly this order confines the bi-cycle symbol only to this general election which is not legally sustainable in law. However, the bench held that TMC was granted a concessional order subject to satisfying the condition in 10B which stated that the party sets up candidates at least in a minimum of two parliamentary constituencies in the State in which seats allotment of common symbol to its candidates. The ECI stated that the party must satisfy 10(3)(1) of the above rules. The reasons assigned by the counsel for ECI satisfy the test of Rationality whiledismissing the miscellaneous petition.

The bench then posted the main petition for hearing to June 4.