Supreme Court Modifies Order, Permits PMK Founder to Pursue Symbol Freeze in Civil Court
In a significant legal development, the Supreme Court has modified a Madras High Court order, granting PMK founder Dr S Ramadoss permission to approach a Chennai city civil court to freeze the party's election symbol 'Mango' or allocate it to his faction. Following this directive, Dr Ramadoss moved the civil court on Tuesday, initiating proceedings to resolve the internal party dispute over the symbol.
Civil Court Agrees to Expedite Hearing Amid Election Season
With the Supreme Court instructing the civil court to conclude the hearing within three days, counsel for Dr Ramadoss presented the case before the XIII assistant judge, City Civil Court, Chennai, M Dharmaprabu. The court has agreed to hear the plea on Wednesday, provided a formal application is submitted. Additionally, the court directed the counsel to serve a copy of the application to former minister Anbumani Ramadoss, Dr Ramadoss's son, who is involved in the dispute.
Background of the Legal Battle Over PMK Symbols
The conflict escalated on March 12 when a single judge of the Madras High Court stayed proceedings initiated by Dr Ramadoss in the civil suit, which sought to restrain Anbumani Ramadoss from using the name, flag, and election symbol of the PMK. The High Court adjourned further hearings to May 10, citing that judicial intervention should be avoided during the ongoing election process, as assembly elections had been set in motion.
This interim order was issued in response to a plea by PMK general secretary Vadivel Ravanan, who challenged the civil court's decision to refuse his impleadment in the suit filed by Dr Ramadoss. Dissatisfied with the High Court's ruling, Dr Ramadoss appealed to the Supreme Court.
Supreme Court's Stance on Symbol Disputes for Unregistered Parties
In its ruling, the Supreme Court declined to interfere with the High Court order but made a crucial observation. It noted that the Election Commission of India (ECI) lacks jurisdiction to decide disputes over symbol allocation for unregistered political parties. Instead, the Supreme Court emphasized that such matters should be adjudicated by the jurisdictional civil court, which can handle them expeditiously if applications are properly filed.
This decision underscores the legal complexities surrounding internal party conflicts, especially during election periods, and highlights the role of civil courts in resolving symbol disputes for political entities not formally registered with the ECI.
