Madras HC restrains ECI from probing EPS's election as AIADMK general secretary
The matter was posted to January 27 for further proceedings with a direction to the Election Commission to file a counter.
Leader of the Opposition Edappadi K Palaniswami
CHENNAI: The Madras High Court on Thursday restrained the Election Commission of India (ECI) from proceeding with the probe of finding legality of electing Edappadi K Palaniswami (EPS) as the general secretary of AIADMK, based on the representation of several individuals including OP Ravindhranath, son of expelled AIADMK leader O Panneerselvam.
A division bench of Justice R Subramanian and Justice C Kumarappan issued an interim injunction to the Election Commission from proceeding with the probe process while hearing a petition preferred by the AIADMK, represented by its general secretary EPS.
The matter was posted to January 27 for further proceedings with a direction to the Election Commission to file a counter.
Senior counsel C Aryama Sundaram appeared for EPS and submitted that the ECI didn't have quasi-judicial powers to conduct proceedings to decide the internal affairs of a political party, referring to Section 29 A of the Representation of Peoples Act, 1951, and para 15 of the Symbols Order.
Several individuals including OP Ravindhranath, Va Pugazhenthi, KC Palanisamy, and Ramkumar Adityan had made representations before the ECI against electing EPS as the general secretary of the AIADMK.
Based on these representations, the EC initiated proceedings to decide the matter after which EPS, aggrieved by this, moved the petition claiming the election commission didn't have such powers.
It may be noted that the High Court has already directed the poll panel to decide on an individual Suryamoorthi's plea who sought to freeze the two leaves symbol allotment as several civil suits against the AIADMK are pending.