Madras High Court Allows ECI to Proceed with AIADMK Dispute
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Synopsis
The Madras High Court has lifted its previous stay order, allowing the Election Commission of India to continue its inquiry into the internal disputes of the AIADMK party. The ruling emphasizes the need for the ECI to verify any legitimate disputes before proceeding.
Key Takeaways
- The Madras High Court has lifted the stay on ECI's inquiry.
- ECI must assess if a legitimate dispute exists under Paragraph 15.
- Petitioners challenged changes in AIADMK's bylaws.
- This ruling impacts AIADMK’s political future.
- The case roots back to the expulsion of OPS and his supporters.
Chennai, Feb 12 (NationPress) The Madras High Court has officially revoked its previous stay order that prevented the Election Commission of India (ECI) from continuing its investigations into the internal conflict within the AIADMK party.
The ruling compels the ECI to closely follow the guidelines established in Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968. A division bench featuring Justices R. Subramanian and G. Arul Murugan dismissed the appeals made by the AIADMK that contested the ECI’s right to engage with multiple representations regarding the party’s leadership choices.
Among the petitioners were P. Ravindranath, the son of former Tamil Nadu Chief Minister O. Panneerselvam (OPS), along with other expelled members, such as K.C. Palanisamy and Va Pugazhendi. These individuals challenged the modifications to the AIADMK’s bylaws and the election of Edappadi K. Palaniswami (EPS) as the party’s general secretary.
In response, the ECI began proceedings to investigate the situation. Nonetheless, EPS contested the ECI’s jurisdiction, claiming it did not have the authority to mediate in internal party elections and leadership issues.
On January 9, 2024, the Madras High Court had issued a temporary stay that halted the ECI’s inquiry.
With this latest decision, the division bench has lifted the stay but has stressed that the ECI must first verify whether a valid dispute exists under Paragraph 15 before moving forward. This paragraph empowers the ECI to determine which faction of a divided political party should be officially acknowledged. Should the Commission conclude that a dispute is present, it can then conduct an inquiry and decide which group legitimately represents the party.
This legal contention dates back to February 12, 2024, when a petitioner, S. Surya Moorthi, urged the ECI to suspend the AIADMK’s ‘Two Leaves’ election symbol, citing ongoing civil cases surrounding the party’s leadership. He later filed a writ petition in the Madras High Court on February 14, 2024, requesting a directive for the ECI to respond to his representation. On December 4, 2024, a division bench comprising Justices Subramanian and C. Kumarappan concluded his petition after the ECI’s attorney assured the court that the representation would be handled within four weeks.
The ongoing dispute originates from the AIADMK’s internal power struggle following the expulsion of OPS and his supporters by the EPS-led faction. The rebel leaders had petitioned the ECI, seeking to be allocated the ‘Two Leaves’ symbol, which has resulted in legal confrontations between the two factions.
With the High Court now permitting the ECI to renew its proceedings, the Commission’s verdict will significantly influence the future political dynamics of the AIADMK.
