Former law minister Ashwani Kumar, representing Sasikala and her nephew T T V Dhinakaran, argued the majority is on their side. He also disputed the authenticity of the affidavits filed by the other side -- the O Panneerselvam and E K Palaniswami camp.
"Unless the authenticity of the affidavits can be determined by the EC, there is no material before the commission to actually decide the matter of the majority support," he later told reporters.
"At the worst, even if all our arguments fail, even then symbol cannot be granted to one faction and it has to be frozen," he said.
The hearing remained inconclusive and the matter was adjourned for October 23.
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Senior AIADMK leader and supporter of the OPS-EPS camp, K P Munuswamy, said the Sasikala faction is losing the legal battle and that is why it was demanding to freeze the symbol permanently.
During the last hearing on October 6, the OPS-EPS camp, which merged recently, had staked claim over the AIADMK and its 'two-leaf' election symbol before the Election Commission, claiming support of a majority of lawmakers and party cadre.
In an interim order in March this year, the Commission had barred the then rivals-- Palaniswami and Panneerselvam -- from using the party's name or its symbol in the R K Nagar assembly bypoll necessitated due to the demise of sitting lawmaker J Jayalalithaa.
Prior to the merger, the two factions led by Panneerselvam and Palaniswami, V K Sasikala had staked claim over the symbol. Tamil Nadu Chief Minister Palaniswami was then a Sasikala loyalist.
The poll panel had, however, frozen the symbol, pending decision on their pleas.
Later, a large number of legislators led by Palaniswami revolted against Sasikala, who is now in jail in a disproportionate assets case, and announced merger of the two factions.
Resolutions ousting Sasikala as interim general secretary and Dhinakaran as her deputy were also adopted at the party's general council meeting on September 12.
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