Sub: Commission’s displeasure over use of frozen symbol “Two Leaves”

For the bye election to Tamil Nadu Assembly from 11-Dr. R.K. Nagar Assembly Constituency, the Commission issued its order dated 23.3.2017 allocating the party symbol “Hat” to the party All India Anna Dravid Munnetra Khazagam, AIADMK (Amma) and the other faction named All India Anna Dravid Munnetra Khazagam, AIADMK (Puratchi Thalaivi Amma), was allotted the symbol “Electric Pole”. By the said order the Commission has frozen the symbol “Two Leaves”, reserved for the undivided AIADMK party and hence use / representation/ drawing similarity with the said symbol, with any other party symbol or name of any party in whatsoever form, is illegal. 

2. The Commission received a number of complaints from the 11-Dr.R.K.Nagar Assembly Constituency that AIADMK (Puratchi Thalaivi Amma) party has put posters/ uploaded social media messages showing party symbol electric pole superimposed on symbol “Two Leaves”. It has also come to the notice of the Commission that the other faction of the party known as AIADMK (Amma), has continued to use symbol “Two Leaves” in its official website and in other party papers. It continued to use the symbol even after the Commission froze the symbol and it continued to do so during the filing of nomination of the candidature in the said bye election. 

3. Both the aforesaid parties were issued show cause notices for the said act which violates the Model Code of Conduct, comes within the ambit of corrupt practice as defined under Sec. 123(4) of the Representation of the Peoples Act, 1951 and also violates Sec. 171(G) of the Indian Penal Code. Replies filed by the said parties were considered by the Commission and found unsatisfactory and hence they have been conveyed its displeasure and advised not to repeat such acts in future. 

4. Both, the AIADMK (AMMA) Group and the AIADMK (Puratchi Thalaivi Amma) group, have been directed by the Commission to remove “Two Leaves” from all its official website/social media forthwith and submit compliance report by 4:00 P.M. of 8/04/2017. 5. The Commission, for the sake of clarity and to set the matter into right perspective, has clarified that the symbol “Two Leaves” has been frozen by the Commission and no party/faction/candidate/leader has any claim over the said symbol till further orders. 

Election Commission Of India

New Delhi : 7th April 2017

RM/

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