The absence of specific provisions for flag registration and the insignificance of the party flag in identifying political parties during elections rendered the plaintiff's claim for exclusive use of the flag untenable.

K.B.K. VASUKI, J.

1. While O.A.No.786 of 2011 in CS.No.631 of 2011 is filed by the plaintiff for granting ad interim injunction restraining the defendants 1 and 2 from in anyway or in any form adopting, using, misusing or abusing the plaintiff's flag or the colour of the flag as registered and recognised by the Election Commission of India in its proceedings dated 10.12.1991, A.No.365 of 2012 is filed by the 2nd defendant to vacate the interim injunction already granted by this Court in O.A.No.786 of 2011.

2. The parties are referred to herein as per their rank in the main suit.

3. Few facts, which are relevant for consideration herein are as follows:

The plaintiff by name Tamil Nadu Peasants & Workers Party and the defendants 1 and 2 by name (i) Kongu Naadu Munnettra Peravi and (ii) Kongu Naadu Munnettra Kazhagam respectively are the registered, but unrecognised political parties registered under Section 29-A of the Representation of Peoples Act (hereinafter shortly referred to as 'RP Act'). While the plaintiff is registered by the election commission's proceedings dated 10.12.1991, the defendants 1 and 2 are registered by the proceedings of the election commission on 13.2.2009 and 28.5.2001 respectively. Both the plaintiff and the second defendant party have their own office bearers periodically elected with specimen flag and both the political parities have been through out participating, in alliance with other parties in elections and election campaigns and have been raising their voices against very many issues concerning the society in general and agriculturists in particular and both the plaintiff and the defendant had during State Assembly Election 2007 and 2011 and Lok Sabha Election 2009 had alliance with Dravida Munnetra Kazhagam and had been campaigning for the candidates contested under such alliance and the candidates belonging to the 2nd defendant political party had also contested in the elections.

4. While so, the plaintiff has come forward with the present suit after 2011 State Assembly election, for the relief of permanent injunction restraining the defendants 1 and 2 from in anyway or in any form adopting, using, misusing or abusing plaintiff flag or the colour of the flag as registered and recognised by the Election Commission of India in its proceedings vide Letter No.56/R/255/89/2207 dated 10.12.1991 at any place for any purpose. The basis for the relief sought for in this suit is that the plaintiff political party along with its specimen flag is registered by the election commission and the election commission has by such registration, recongnised and approved the plaintiff party along with specimen symbol and flag as a political party and the 2nd defendant has been, by using the impugned flag with same colour pattern in the publicity campaigns and the conduct of the defendants 1and 2 in using the same flag of the plaintiff with same colour pattern as its own flag and also by using the same colour pattern on the Dhotis and thundus of its followers encroaching upon the plaintiff's right and such act of trespass or encroachment is equivalent to infringement of trade mark or equivalent to an act of passing off. It is the further contention of the plaintiff that the third defendant election commission is statutorily bound to protect the interest of the registered political parties by preventing such misuse or abuse by other party. The plaintiff party also on earlier occasion filed W.P.No.28154/2010 seeking issuance of writ of mandamus to the statutory authority in this regard and the same is withdrawn reserving its right to take appropriate action. The suit is filed along with O.A.No.786 of 2011 for interim injunction in the same line on the same factual basis. In short, the plaintiff has sought for the reliefs of permanent injunction as well as ad interim injunction mainly on the ground that the plaintiff party along with its flag is registered, recognised and approved by the election commission