Supreme Court Allows Interim Relief for Political Group in Symbol Dispute Pending Final Adjudication. The Court directed the Election Commission to permit the applicant group to use a common symbol and name for upcoming elections, without prejudice to the main dispute over the AIADMK party name and 'Two Leaves' symbol.

Miscellaneous application in disposed of special leave petition seeking interim directions for allotment of election symbol and party name.

Direction to the Election Commission of India to permit the applicant and his group to use a common symbol (preferably 'Pressure Cooker') and name of their choice for upcoming elections during pendency of the writ petition before the High Court.

By-election to Thiruvarur Assembly constituency was notified on 31 December 2018, and the applicant sought interim relief similar to that granted by the Single Judge of the High Court, which was kept in abeyance by the Supreme Court.

The Single Judge of the Delhi High Court allowed the interim application on 9 March 2018, directing ECI to permit the applicant's group to use a common symbol and name. The Supreme Court, on 28 March 2018, kept that order in abeyance and disposed of the SLP with liberty to approach in case of new election notification.

Whether the miscellaneous application is maintainable in a disposed of special leave petition. Whether the applicant is entitled to interim relief for allotment of election symbol and party name pending final adjudication of the main writ petition.

Respondents argued that the SLP having been disposed of, the Court has become functus officio and cannot entertain the application; the election notification has been rescinded; the applicant should approach the High Court. Applicant argued that liberty was granted by the Court to approach in case of new election notification; the writ petition is still pending; the Single Judge's order was not challenged by ECI; similar relief is necessary for upcoming elections.

Where a court expressly grants liberty to parties to approach it in the event of a specified contingency, the court retains jurisdiction to entertain an application for interim relief even after the main proceeding is disposed of, and such application is maintainable. The court may grant interim relief to protect the rights of parties pending final adjudication, especially when the main matter is still pending before a lower court and the interim relief was previously granted but kept in abeyance due to changed circumstances.

On a plain reading of the order passed by this Court on 28th March, 2018... it is crystal clear that this Court did not examine the merit of the judgment under appeal at all. The fact that the writ petition is still pending before the Division Bench of the Delhi High Court would certainly be no impediment for the parties to approach this Court in light of the liberty granted to them in terms of our order dated 28th March, 2018. We direct the Election Commission of India to pass an appropriate order permitting the applicant and his group to use a common symbol (preferably 'Pressure Cooker') and also permit them to use the name of their choice in the upcoming by-election to the Thiruvarur Assembly constituency.

The Election Commission of India decided on 23 November 2017 that the group led by E. Madhusudhanan and Edapaddi K. Palaniswami was entitled to use the AIADMK party name and 'Two Leaves' symbol. T.T.V. Dhinakaran challenged this decision in Writ Petition (Civil) No.10728 of 2017 before the Delhi High Court. During pendency, an interim application (C.M. No.2994/2018) was filed seeking permission to use a common symbol and name for local body elections. The Single Judge allowed the application on 9 March 2018. Edapaddi K. Palaniswami filed SLP(C) No.7258 of 2018 against that order. The Supreme Court disposed of the SLP on 28 March 2018, keeping the interim order in abeyance, directing expeditious hearing of the writ petition, and granting liberty to approach in case of new election notification. On 31 December 2018, ECI notified a by-election for Thiruvarur constituency. T.T.V. Dhinakaran filed the present miscellaneous application on 2 January 2019 seeking similar interim relief.

• Representation of the People Act, 1951:
• Election Symbols (Reservation and Allotment) Order, 1968: