CHENNAI: The Madras High Court has cleared the decks for the Election Commission of India to hold an inquiry into the representations seeking to freeze the Two Leaves symbol of AIADMK.
The court vacated the stay imposed on the Commission from going ahead with the proceedings.
However, the court issued a caveat to the ECI to satisfy itself on the jurisdiction on the matter before proceeding further.
The order was passed by a division bench of Justices R Subramanian and G Arul Murugan on Wednesday while allowing the petitions filed by Va Pugazhendi, P Ravindranath and MG Ramachandran praying for vacating the stay on the proceedings of the ECI based on the representations submitted former MPs of AIADMK and others.
“The order of stay granted stand vacated, of course, with the caveat that the enquiry is to be conducted within the four corners of para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 and on the complaints’ subject matter before them,” the bench said in the order.
It stated that the ECI shall, first, satisfy that there is a dispute in terms of Para 15 and only after satisfaction that it assumes jurisdiction and hearing the parties at the initial stage only for the purpose of satisfying itself regarding the existence of a dispute which will be decided in terms of Para 15 of the Election Symbols (Reservation and Allotment) Order.
“Once it rules on the jurisdiction, the ECI can proceed further depending on the conclusion on the jurisdiction,” the bench said in the order.
Para 15 is related to the powers of the ECI to deal with splinter groups of recognised political parties.
The matter pertains to a petition filed by Suriya Moorthy of Dindigul, claiming to be a member of AIADMK, seeking the ECI to freeze the Two Leaves symbol until the internal fights in the party are resolved, based on his representation to the poll body.
Following the submission of the ECI that it would decide on the representation within four weeks, the division bench told the Commission to do so by issuing notice to all the parties concerned.
Subsequently, the Commission issued notices to EPS and others seeking their reply. The Ex-MPs P Ravindranath, KC Palanisamy and V Pugazhendi, B Ramkumar Adityan, P Gandhi and MG Ramachandran moved the court seeking a direction to the Commission to hear them also.
In the meantime, EPS filed a petition in the court seeking a stay on the ECI notice and alleging that the poll body is attempting to hold a quasi-judicial proceeding, for which, it does not have the jurisdictional powers.
The court, on January 9, granted a stay to temporarily restrain the Commission from going ahead with the proceedings.
Subsequently, Va Pugazhendi, Ravindranath and MG Ramachandran filed the vacate stay petitions.
During arguments, EPS challenged the powers of the ECI in holding quasi-judicial proceedings based on the representations on the issues which are particularly related to intra-party matters.
The ECI, which is a constitutional body for the purpose of holding polls, has very limited control over the political parties. Being a creature of the legislature, it has restricted quasi-judicial functions when it comes to the affairs of the political parties.
By issuing the notice dated December 24, 2024, the ECI is seeking to conduct a hearing which is beyond the powers conferred by the Constitution, the scheme of the Representation of People Act, the Rules framed thereunder and the Orders, EPS stated.
However, the ECI countered the contentions saying that the Commission, being an independent Constitutional Authority, inherently vested with legislative and judicial powers apart from executive powers, is competent to determine questions of its own jurisdiction whenever required.
Further, questions of jurisdiction, locus standi of the representing persons, question as to whether they continue to be in the party etc. when raised, can be determined by the Commission while deciding any representation and there is no bar in any law, the Election Commission of India (ECI) told the Madras High Court, it told the court.