New Delhi, March 23 The Supreme Court on Monday upheld a Madras High Court decision dismissing S. Ramadoss’s two petitions seeking a direction to the Election Commission (EC) to either allow his faction to use the ‘mango’ symbol during the upcoming assembly elections in Tamil Nadu and Puducherry or freeze the symbol.
Ramadoss has been fighting a legal battle to prevent his son, Anbumani, from using the party’s name, flag, and symbol.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that the Election Commission (EC) cannot decide a dispute over the allocation of symbols of an unregistered political party, and if an application is filed by Tuesday, the civil court may adjudicate it within three days.
“The high court appears to be correct in holding that the dispute concerning the allocation of the symbol among the two rival groups of an unrecognized political party cannot be decided by the Election Commission of India. We have reviewed the orders passed from time to time and must observe that an aggrieved party must not be left remediless,” the bench said.
Since the petitioner has already filed a civil suit, he is free to move an appropriate application before the civil court. If such an application is filed by March 24, 2026, we direct the civil court to decide the matter after hearing the parties and in accordance with law within a period of three days,” the top court ordered.
The bench further said that the court has not expressed any opinion on the merits, and all parties to the suit, including those seeking to be impleaded, shall be at liberty to raise all the contentions before the civil court.
The Pattali Makkal Katchi (PMK) party has challenged the February 20 decision of the Madras High Court dismissing two petitions filed by Ramadoss seeking a direction to the poll panel to either allow his faction to use the ‘mango’ symbol during the ensuing Assembly elections in Tamil Nadu and Puducherry or freeze the symbol altogether, so that the faction led by his son, Anbumani, would not be able to use it.
Senior advocate Vikas Singh, appearing for the PMK, said that if the symbol is not unfreezed by the Election Commission, then anyone can be allotted the ‘mango’ symbol of the party by a lottery system.
Senior advocates Meenakshi Arora, Mukta Gupta and Shyam Divan, appearing for different parties, said that the issue can be decided by the civil court alone as the Election Commission cannot adjudicate the dispute over symbols concerning unregistered political parties.
Singh, however, argued that it is the EC that will have to eventually decide the symbol of the party.
Polling in Tamil Nadu is scheduled for April 23 and in Puducherry on April 9, with the counting slated for May 4.
On February 20, the high court refused to entertain the two petitions after agreeing with the EC’s submission that factional disputes in a political party could be resolved only through a civil court decree, and no such direction as sought by the PMK party founder could be issued to the election commission.
On March 17, the high court directed the Chennai City civil court to take up the PMK intra-party leadership dispute case after May 10, when the election process in Tamil Nadu gets completed.
PMK founder S. Ramadoss had moved the city civil court seeking to restrain his son, Anbumani, from using the party’s name, flag, and symbol.
Anbumani too has filed a counter case. During the trial, PMK general secretary Vadivel Ravanan filed an impleading petition seeking to make himself a party to the case and his plea was accepted by the high court.
The high court had refrained from vacating the existing interim stay on the lower court proceedings and said the intra-party leadership dispute case could be taken up after May 10, once the election process in Tamil Nadu was completed.
On March 12, the high court granted an interim stay on a city civil court proceedings in the PMK leadership dispute case and held it was necessary that party general secretary (Vadivel Ravanan) be made a party to the proceedings.
On December 26 last year, the infighting in the PMK intensified after party founder S. Ramadoss issued a public notice through his lawyers, warning his son, Anbumani, against using the party’s name, flag or symbol.
Anbumani was expelled by the Ramadoss-led party in September last year. In the notice issued through his advocates, S. Ramadoss had cited a December 4 verdict of the Delhi High Court to state that the party was in his control.
