Madras High Court lifts stay on ECI proceedings in AIADMK symbol dispute

The Madras High Court has lifted a stay on proceedings initiated by the Election Commission of India (ECI) on individual representations to freeze the two-leaves symbol of the All India Anna Dravida Munnetra Kazhagam (AIADMK) until certain disputes about its leadership are settled..A Bench of Justice Subramanian and Justice G Arul Murugan on February 12 (Wednesday) noted the ECI's assurance that it does not intend to overreach court orders already passed on certain internal disputes of the AIADMK, including the outcome of a July 2022 meeting that saw E Palaniswamy being appointed its General Secretary and his rival, O Paneerselvam being expelled from the party.The Court went on to agree with the ECI's counsel that the poll body still retains the jurisdiction to examine if there is a case made out for an inquiry under Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968. The ECI would have jurisdiction under this provision if there is a split in the party, with rival factions who claim to be the real party, the Court noted. "The Election Commission of India cannot enquire into or regulate the affairs of a political party ... At the same time Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 enable the Election Commission to go into the question as to which of the rival groups is the real political party," the Court held. The Court proceeded to make it clear that the ECI can conduct such an inquiry into the AIADMK's affairs on this limited question and by a two-step process, the first step being whether there are rival factions of the AIADMK who claim to be the real party. "Until such satisfaction is arrived at by the Commission, further enquiry cannot be made," the Court said. The Bench also made it clear that the ECI cannot go against findings already given by various courts (including the Delhi and Madras High Courts) or during pending civil court proceedings on the internal disputes of the AIADMK, including the outcome of the July 2022 General Council meeting. "We, however, make it clear that the enquiry to be conducted would have to be within the four walls of Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 and it cannot take in its sweep any other matter which is the subject matter of the Civil proceedings," the Court said. .The dispute stems from the power struggle and chaos over AIADMK’s leadership after the death of former Chief Minister J Jayalalithaa in December 2016.AIADMK’s two leaves party symbol was frozen by the ECI in March 2017. It was subsequently allotted to Palaniswami.In March 2023, the party announced that Palaniswami had been elected unopposed as the AIADMK general secretary after the Madras High Court rejected all interim applications challenging such appointment filed by Palaniswami’s rivals.Later, one S Surya Moorthi urged the ECI to freeze the use of the AIADMK's two leaves symbol until certain internal disputes were settled. He moved a plea before the High Court last year, for direction to the ECI to take necessary steps on his representation.On December 4, 2024, the High Court disposed of the matter after the ECI assured that it would take a decision after hearing affected persons.The ECI proceeded to issue notices on other similar representations as well by P Ravindranath, KC Palanisamy, V Pugazhendi, B Ramkumar Adityan, P Gandhi, and MG Ramachandran.This was challenged by the AIADMK before the High Court, which granted the party interim relief by staying the ECI proceedings on January 9 this year.The stay order was then challenged by expelled AIADMK members Ravindranath, Va Pugazhendi, and MG Ramachandran. By its February 12 order, the Court has allowed their plea by lifting its earlier stay order. .Senior Advocate PB Suresh and Advocate Prasanna S appeared for MG Ramachandran. P Ravindhranath was represented by Senior Advocate Jayath Bhushan, briefed by Advocates Ketan Paul, Madhav Misra, Lzafeer Ahmed BF, Rajalakshmi Prakash and Vanshika Dubey of Curiam Legal, and advocate Prakash Kumar G..Va Pugalendhi was represented by Advocate R Thirumoorthy.Senior Advocates Vijay Narayan and C Aryama Sundaram and advocate K Gowtham Kumar represented the AIADMK. .Advocate Niranjan Rajagopalan represented the ECI. .[Read Order]