ECI vested with judicial power, no bar on probing parties’ resolutions, poll panel tells Madras HC

CHENNAI: The Election Commission of India (ECI) is inherently vested with legislative and judicial powers, and hence there is no bar on it probing into the amendments and resolutions adopted by a political party when a representation made in this regard, the commission submitted before the Madras High Court.

Responding to the petition moved by AIADMK general secretary Edappadi K Palaniswami, the commission said the AIADMK moved the High Court in a “presumptive and premature way”, without disclosing the background in full.

In the petition that came up for hearing before a division bench of Justice R Subramanian and Justice C Kumarappan, Palaniswami sought a direction restraining the ECI from conducting quasi-judicial proceedings based on several representations.

Accepting the affidavit submitted by the ECI, the bench posted the matter to February 6 for hearing.

Several individuals, including ousted leader O Panneerselvam’s son OP Ravindranath, V Pugazhenthi, KC Palanisamy, and Ramkumar Adityan made representations before the Election Commission against Palaniswami’s election as the general secretary of AIADMK.

The HC has already directed the commission to decide the plea of an individual, Suryamoorthi, who moved a petition seeking to freeze the Two Leaves symbol, as several civil suits against AIADMK are pending.

Based on the representations and also the High Court’s direction asking it to decide on the representations, the Election Commission initiated proceedings. Aggrieved by the notices issued by the ECI for quasi-judicial proceedings, Palaniswami moved the petition claiming that the Election Commission does not have such powers.