Chennai: The Election Commission of India (ECI) has informed the Madras high court that the objection raised by A.P.J. Mohamed Muthu Meera Muraikayar, elder brother of former president late A.P.J. Abdul Kalam, against the use of the name Abdul Kalam by the “Abdul Kalam Vision India Party” cannot be sustained.
R. Niranjan, counsel for ECI submitted a letter to this effect from the ECI, when the petition filed by A.P.J. Mohamed Muthu Meera Muraikayar came up for hearing before Justice M.M. Sundresh.
The judge adjourned to August 2, further hearing of the case. In its letter, the ECI submitted that in a similarly placed matter, the commission by its order dated November 23, 1992, has held that national leaders cannot be said to be the exclusive right or property of any particular party or organization and those who believe in the philosophy/ideology of such leaders cannot be prevented from propagating the same by using the name.
Subsequently, in a similar decision in the matter of name of “All India Indira Congress”, the commission allowed the name to be used by a splinter party which split away from the “Indian National Congress”.
When the decision was challenged in the Supreme Court, the only modification ordered by the Supreme Court was to add the suffix “Tiwari” to the name “All India Indira Congress”.
“In view of the above, it has been decided that your objection against the name “Abdul Kalam Vision India Party” to the applicant party cannot be sustained and that the applicant party cannot be denied the use of the said name on the grounds raised in your objection”, the letter added.
Originally, on an application arising out of a suit filed by by A.P.J. Mohamed Muthu Meera Maraikayar, Justice S. Vimala had on May 6 restrained V. Ponraj, S. Kumar and R. Thirusenduran, claiming to be the president, general secretary and secretary respectively of Abdul Kalam Vision India Party from using the name/figurine/picture of Abdul Kalam as part of the party name or in their party flag.
However, on an application filed by Kumar, Justice M.V. Muralidaran had on May 13 slightly modified the order to the effect that the trio can use Abdul Kalam name, picture and figure in individual capacity but not in the name of party, since recognition or registration was not yet decided.
