Tamizhaga Vaazhvuirmai Katchi v. Election Commission Of India

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2881/2026 with CM APPL. 14003/2026 TAMIZHAGA VAAZHVUIRMAI KATCHI .....Petitioner Through:

Dr.

G.

Siva Bala Murugan, Mr.

Gandhi Kumar and Mr. P. V. Hari Krishnan, Advocates versus ELECTION COMMISSION OF INDIA .....Respondent Through:

Mr. Sanjay Vashishtha, Mr. Ashish Shukla and Mr. Siddhartha Goswami, Advocates

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 09.03.2026 1.

The present writ petition has been filed seeking a direction to the respondent/ Election Commission of India (hereinafter 'ECI') to allot a common free symbol to the petitioner's political party as per Paragraph 10B of Election Symbols (Reservation & Allotment) Order, 1968 for the upcoming 2026 legislative assembly election in the State of Tamil Nadu and Puducherry.

2.

Mr.

Sanjay Vashishtha, counsel appearing on behalf of the respondent/ ECI has handed over a communication dated 31st January, 2026, in terms of which certain deficiencies were found in the application filed by the petitioner.

3.

The said communication is taken on record and is reproduced below: "To, The President/General Secretary, Tamizhaga Vaazhvurimal Katchi 13-6-54, Pillaiyar Koil Street, Samrajapettai Post, W.P.(C) 2881/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2026 at 13:51:20

Mecheri Mettur Tk., Salem District, Tamil nadu-636451.

Subject:- Allotment of common symbol-regarding. Sir/Madam, I am directed to refer to your application dated 26.11.2025 received in the Commission on 26.11.25, requesting for allotment of common symbol to the candidates of your party for the upcoming General Election(s) under Para 10B of Election Symbols (Reservation & Allotment) Order, 1968. In this regard, it is to inform that your application has not been processed for common symbol allotment for the upcoming general election(s) due to the following reason(s):- a) The party has not submitted either Annual Audited Accounts for the last three years or/and Contribution Reports for the last three years or/and Election Expenditure Statement(s) for the last two elections the party contested (if any) in the office of the Chief Electoral Officer Concerned.

b) On the date of application, there are no authorized office bearers as per the record(S) of the Commission.

c) Annexure III is not enclosed and Annexure II is not duly notarised. 2.

In this regard, it is advised to refer 'Conditions for Allotment', 'Proforma for Application' and 'Date on or after which' which are available at the Commission's website with pathhttps://www.eci.gov.in/election-symbol"

4.

Counsel appearing on behalf of the petitioner submits that Annual Audit Reports for the years 2021-22, 2022-23, 2023-24 have already been supplied to the respondent/ ECI. The remaining information and documents in terms of the aforesaid communication shall be supplied within one (1) week from today.

5.

Upon receipt of the requisite information/ documents, the respondent/ ECI shall proceed further.

6.

Accordingly, the petition along with the pending application stands disposed of.

AMIT BANSAL, J MARCH 9, 2026/rr W.P.(C) 2881/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2026 at 13:51:20