Chennai:
The government mini-buses plying in Chennai will not have the painting of leaves on it after Madras High Court on Tuesday upheld the order passed by Election Commission to conceal the painting.
Stating that the impugned order of Election Commission pertaining to drawing of leaves cannot be construed to be stigmatic on AIADMK, the first bench comprising of acting chief justice Satish K Agnihotri and Justice M M Sundaresh said the observation made on the resemblance between the symbol of the petitioner and the painting on the mini buses is to be construed only for the purpose of avoiding a possible confusion in the minds of the voters.
The judges also observed that there is no wilful or deliberate act on the part of state government and Metropolitan Transport Corporation in undertaking the painting on the mini-buses.
Stating that the High Court is not inclined to exercise its judicial review over the decision made by Election Commission and chief electoral officer, the judges observed that while exercising a discretionary power of review over a decision rendered by a Constitutional body, a self-restraint is required. “There has to be a harmony between two constitutional functionaries,” they stated.
“The issue is not one of the resemblance, but one of a likelihood of creating confusion in the minds of the voters. When there is a reasonable doubt leading to a decision made by Election Commission and Chief electoral officer, then this Court, in the normal circumstances, shall not sit in judgment over the same,” the judges stated.
“We do not find anything unreasonable or arbitrary in the action of Election Commission. In fact, EC has rejected the other complaints made indicating the fairness in the decision made. Moreover, in view of the stand taken in the affidavit of chief electoral officer, the grievance of the petitioner is satisfied as it is its own case that the painting does not resemble its symbol,” the judges stated.
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