The Madras High Court on Wednesday refused to grant interim relief to several political parties who have challenged their de-registration by the Election Commission of India (ECI) over their failure to contest polls conducted by the commission for several years [Tamizhaga Makkal Munnertra Kazhagam Vs Chief Election Commissioner].
A Bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan reasoned that staying the ECI's orders would effectively restore their status as registered parties and allow them to contest upcoming elections, which would amount to granting them final relief at an interim stage.
"At this stage, we are of the view that granting an interim order staying the effect and operation of the order of the ECI would amount to allowing the writ petitions and granting a status, by interim measure, of registered political parties in forthcoming elections to the legislative assembly," the order said.
The Court further observed that it was undisputed that the petitioner-political parties had not contested parliamentary or Assembly elections for a continuous period of six years.
The Court, therefore, held that the balance of convenience did not lie in their favour and rejected applications seeking a stay of the ECI's de-registration orders.
"Learned counsel for the ECI is right in submitting that balance of convenience does not lie in favour of the petitioners as they have not contested in parliament or legislative assembly elections continuously for six years," the Court said.
At the same time, the Bench noted that the case raises a serious issue of constitutional importance regarding whether the Election Commission has the authority to de-register political parties in the absence of an express statutory provision.
The batch of petitions has been listed for final hearing in the second week of March 2026.
The pleas before the Court challenge the de-registration of several political parties in Tamil Nadu, including Tamizhaga Makkal Munnertra Kazhagam, the Manithaneya Makkal Katchi, the Manithaneya Jananayaga Katchi, the All India Party for the Protection of Civil Rights, and the Akhila India Janayaka Makkal Katchi.
The ECI had struck them off the list of registered political parties for failing to contest elections conducted within a six-year block.
They sought a stay of the de-registration orders and a direction to revoke such orders.
The petitioners argued that the Representation of the People Act, 1951 provides for registration of political parties under Section 29A but does not contain any provision allowing de-registration.
Relying on the Supreme Court’s ruling in Indian National Congress (I) v Institute of Social Welfare, they contended that de-registration is permissible only in exceptional circumstances, such as fraud in obtaining registration or abandonment of constitutional principle.
They also argued that the ECI’s six-year participation requirement is based on executive guidelines and cannot create new grounds for de-registration.
The Election Commission has defended its action by invoking its wide powers under Article 324 of the Constitution, arguing that it can issue binding guidelines where the law is silent.
It also told the Court that the six-year participation rule was introduced after authorities found that many registered political parties were receiving substantial donations and claiming income-tax exemptions despite not participating in elections.
Senior Advocates S Prabhakaran, R Srinivas, NL Rajah and P Wilson appeared for the petitioners/ political parties. Advocates Abisha Isaac, John Vincent, Gowtham Kumar and Amogh Simha also represented the political parties.
The ECI was represented by Senior Advocate G Rajagopalan with Advocates Niranjan Raja Gopalan and E Vijay Anand.
[Read Order]