Madras High Court lifts stay on ECI's proceedings in AIADMK dispute case

Chennai, Feb 12 (IANS) The Madras High Court on Wednesday set aside its earlier stay order that had restrained the Election Commission of India (ECI) from proceeding with inquiries into AIADMK's internal dispute.

The court directed the ECI to strictly adhere to the jurisdiction outlined in Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968. A division bench comprising Justices R. Subramanian and G. Arul Murugan dismissed petitions filed by the AIADMK challenging the ECI’s authority to act on various representations made against the party’s leadership decisions.

Among those who had approached the ECI were P. Ravindranath, son of former Tamil Nadu Chief Minister O. Panneerselvam (OPS), and other expelled AIADMK members, including K.C. Palanisamy and Va Pugazhendi. These individuals had contested amendments made to the AIADMK’s bylaws and the election of Edappadi K. Palaniswami (EPS) as the party’s general secretary.

In response, the ECI had initiated proceedings to examine the matter. However, EPS challenged the ECI’s jurisdiction, arguing that it lacked the authority to adjudicate internal party elections and leadership disputes.

On January 9, 2024, the Madras High Court issued a temporary stay preventing the ECI from continuing its inquiry.

With the latest ruling, the division bench has vacated the stay, but it has emphasized that the ECI must first determine whether a legitimate dispute exists under Paragraph 15 before proceeding. Paragraph 15 of the Election Symbols Order grants the ECI the power to decide which faction of a split political party should be officially recognised. If the Commission finds that a dispute exists, it can conduct an inquiry and rule on which group represents the party.

This legal dispute dates back to February 12, 2024, when a petitioner, S. Surya Moorthi, requested the ECI to freeze AIADMK’s ‘Two Leaves’ election symbol, citing pending civil cases regarding the party’s leadership. He subsequently filed a writ petition in the Madras High Court on February 14, 2024, seeking a directive for the ECI to act on his representation. On December 4, 2024, a division bench comprising Justices Subramanian and C. Kumarappan disposed of his petition after the ECI’s counsel assured the court that the representation would be addressed within four weeks.

The dispute stems from the AIADMK’s internal power struggle following the expulsion of OPS and his supporters by the EPS-led faction. The rebel leaders had approached the ECI, requesting that the ‘Two Leaves’ symbol be granted to them, leading to legal battles between the two factions.

With the High Court now allowing the ECI to resume its proceedings, the poll body’s decision will play a crucial role in shaping AIADMK’s future political landscape.