ECI sends letter to AIADMK, Madras HC says poll body distorted orders, not neutral in handling case

CHENNAI: “Don't take the aid of this constitutional court to misuse your power,” said the Madras High Court on Friday, coming heavily down on the Election Commission of India (ECI) for issuing a letter to the AIADMK in connection with the several representations objecting to the resolutions adopted by the party.

A division bench of Justice R Subramanian and Justice G Arul Murugan opined that the poll body’s letter is “in the nature of overreaching the jurisdictional power of the election commission.” The ECI has distorted the order of this court and issued a notice to the AIADMK. This shows that the ECI is not neutral in dealing with this matter, the bench said.

The bench was informed that the election commission had sent a letter to the AIADMK on December 9, 2024, with the order of a division bench headed by Justice R Subramanian. The letter sought a reply to the representations made by several individuals including OP Ravindranath, former Parliament member and son of ousted AIADMK leader O Panneerselvam (OPS).

Reprimanding the poll body over the letter issued, Justice R Subramanian asked, “How can the ECI state in its letter that the High Court has issued directions to issue notice to the AIADMK? We didn't issue such directions. Since the standing counsel for the ECI submitted that the representations would be disposed of in four days, we directed to consider all the parties, we didn’t direct to issue notice. Don’t blame it on us,” the judge said.

The case pertains to a petition taken up on December 4, 2024, when a division bench of Justice R Subramanian and Justice C Kumarappan, while disposing of a petition moved by S Surya Moorthi seeking to freeze AIADMK’s two-leaves symbol, had issued a direction to consider the plea. The ECI had then submitted that the representations made by several individuals challenging the amendments made in the AIADMK's by-laws would be disposed of within four weeks.

Tendering an apology before the bench, standing counsel for ECI, Niranjan Rajagopalan, submitted that the commission has not yet decided whether to test the matter or not and that notices were issued to the parties to consider whether it has any jurisdiction to decide the dispute. Only if a satisfaction was made out, would we continue further, he said.

Even if the ECI issues orders9 against the AIADMK, the party can have a remedy by assailing the order, he further submitted.

Rajagopalan also clarified that the ECI didn't state anything regarding the order of the High Court, seeking the AIADMK to reply. He added that the poll body issued a notice to get a reply based on the representations to dispose of them.

Meanwhile, senior counsel Vijay Narayan for the AIADMK relied upon Section 29A of The Representation of People (RP) Act to state that the ECI cannot interfere in the party's internal dispute, and its power is very limited in such matters.

According to paragraph 15 of the Election Symbol Order, 1968, the ECI has power only to decide the matter if a splinter group claimed ownership of a party. In this case, no one had represented the ECI by claiming themselves as the party, the counsel submitted.

The AIADMK's counsel further told the court, "All the members of the party's general council have accepted Edappadi K Palaniswami (EPS) as general secretary. Since the council is the highest power in the party, no other can claim the party,” he said. Out of the past 50 years, the AIADMK was in power for nearly 32 years and in the remaining 18 years, it was the principal opposition party, submitted the senior. Hence, if the ECI froze the two-leaves symbol of the AIADMK, especially when the state assembly election is just a year away, it would lead to huge chaos in Tamil Nadu and also cause irreparable loss to the party, Narayan added.

After hearing all the submissions, the bench reserved its order and directed the ECI not to continue in the matter till Wednesday (February 12), as the order will be pronounced on that day.