1

                                   OUT TODAY

ITEM NO.55              COURT NO.1              SECTION X

        SUPREME COURT OF INDIA
            RECORD OF PROCEEDINGS

WRIT PETITION (CIVIL) NO(s). 177 OF 2009

VIDUTHALAI CHIRUTHAIGAL KATCHI                       Petitioner(s)

               VERSUS

ELECTION COMMISSION OF INDIA                        Respondent(s)
(With appln(s) for directions and office report )

Date: 27/04/2009 This Petition was called on for hearing today.

CORAM :
    HON'BLE THE CHIEF JUSTICE
    HON'BLE MR. JUSTICE P. SATHASIVAM

For Petitioner(s)  Mr.Rajiv Dutta, Sr.Adv.
                        Mr.David Rao, Adv.
                        Mr.Vijay Prakash, Adv.
              Mr. Prashant Kumar,Adv.

For Respondent(s)        Ms.Meenakshi Arora, Adv.


       UPON hearing counsel the Court made the following
                  ORDER

             The petition has been filed by Viduthalai Chiruthaigal Katchi, a

registered unrecognized political party in the State of Tamil Nadu.     It is

sponsoring its candidates for Chidambaram and Villupuram Parliamentary

constituencies and the candidates have also submitted their nomination

papers for the same.     The petitioner prays that the party may be given a

common election symbol of 'Star' in these two Parliamentary Constituencies.

The prayer is opposed by learned counsel appearing for the Election

Commission and it is submitted that the symbol 'Star' is a
                                           2

reserved symbol of Mizo National Front, which is a political party in the State

of Mizoram. The petitioner's counsel states that the Mizo National Front is not

contesting in the Tamil Nadu elections and it is not sponsoring any candidates

in the State of Tamil Nadu.


            In view of the ensuing elections, the petitioner Viduthalai

Chiruthaigal Katchi may be given the symbol 'Star' for its candidates at

Chidambaram and Villupuram constituencies.          It is made clear that this

allotment of symbol will not give any additional rights or equities in favour of

the petitioner- political party when the question of allotment of symbol arises.

This is purely for the purpose of the ensuing parliamentary election only.

However, if any other political party or persons seek the symbol 'Star', the

Election Commission may allot such symbol to any political party/candidate.

            The petitioner would be at liberty to communicate this order

telegraphically.

            The writ petition is disposed of accordingly.


         (G.V.Ramana)                (Pushap Lata Bhardwaj)
            Court Master                         Court Master