However, again, certain difference of opinion arose in 2014, as a result, the petitioner as a President and large number of his followers including Ex.M.Ps., Ex.M.L.As., 2 sitting M.L.As., Former Mayors, Former Union Chairman and Councilors of Local Body including the Sitting President of Tamil Nadu Congress Committee left the party and joined Tamil Maanila Congress (Moopanar). The Election Commissioner of India, the 1 respondent herein also accepting his case passed an order dated holding that the said merger would not wipe off the party and the remaining surviving group of the parent party can represent the party, but will not continue as a recognized political party and the said order further stated that the petitioner party would not be entitled to the allotment of Bicycle Symbol, but it was entitled to the benefit of Para 10A of the Symbol Order. However, questioning the said merger, one of the then Sitting Legislatures belonging to the petitioner party in Puducherry Legislative Assembly, approached the 1 respondent. Arguing further, the learned Senior Counsel for the petitioner submitted that 18 out of 23 party MLAs from Tamil Nadu and 1 out of 2 MLAs from Puducherry and 1 member of Rajya Sabha had also merged with the Indian National Congress Party.
Sonia Gandhi, President of All India Congress Committee before the large gathering.ģ. After some time, they decided to merge with Indian National Congress and the said merger function took place in Madurai in the presence of Smt. Vasan was elected as President of the party. Moopanar, the Founder President of the Tamil Maanila Congress (Moopanar) died in the year 2001 and thereafter, the present petitioner Shri.G.K. With all these contributions made to the party, Mr. Thereafter, even in the year 2001, the petitioner party also won 23 seats in Tamil Nadu Legislative Assembly and 2 seats in Puducherry Legislative Assembly. With the said symbol, the petitioner party has taken part in the Election held in the year 1996 and also won 20 out of 20 Parliamentary seats contested and won 39 out of 40 seats contested in Tamil Nadu Legislative Assembly Election besides 5 seats in Puducherry Legislative Assembly. The Election Commission of India, the 1 respondent herein, recognising the Tamil Maanila Congress (Moopanar) as a State Party also allotted Bicycle Symbol. An application seeking recognition of the party and for Bicycle Symbol was also presented before the 1 respondent on. Moopanar, being the General Secretary of All India Congress for a period of eight years had difference of opinion due to some political reasons with the All India Congress Committee, therefore, he decided to quit the Congress and finally, floated the regional party called “Tamil Maanila Congress (Moopanar)” in March, 1996. Gnanadesikan, learned Senior Counsel appearing for the petitioner assailing the reasonings assigned by the 1 respondent in their impugned proceedings submitted that Shri.G.K.
56/Symbol/2016/PPS-II/Vol.I/279 dated of the 1 respondent, namely, the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001 and to quash the same and for further direction, directing the respondents to allot Bicycle Symbol to the petitioner, the present Writ Petition has been filed.Ģ. 56/Symbol/2016/PPS-II/Vol.I/154, dated and Proceedings F. Raja, J.:- Challenging the correctness of the Proceedings No. 56/Symbol/2016/PPS-II/Vol.I/279 dated and quash the same and further directing the respondents to allot Bicycle Symbol to the petitioner pending disposal of the above Writ Petition. 56/Symbol/2016/PPSII/Vol.I/154, dated and in Proceedings F. Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records from the file of the 1 respondent in Proceedings No.
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