CHENNAI: The Madras High Court has refused to temporarily stay the operation of the order of the Election Commission of India (ECI) de-registering certain political parties from Tamil Nadu, along with several others across the country, on the grounds of not having contested polls for a period of six years.
However, the court said the main petitions on the matter have to be heard elaborately since certain constitutional issues, on the powers of the ECI to de-register a party, are involved.
The petitions were filed by Tamizhaga Makkal Munnetra Kazhagam, Manithaneya Makkal Katchi, and Manithaneya Jananayaga Katchi. They questioned the powers of ECI to de-register them and sought the court to temporarily stay the operation of the ECI’s order until the main petitions are decided. They submitted that they have contested polls but on other party’s symbols and so, ECI cannot say they have not contested. The first division bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan refused to grant the relief.
“At this stage, we are of the view that granting an interim order staying the effect and operation of the order of 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 bench said in the order passed on Wednesday. It noted that counsel for 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
“In view of the above considerations, we are not inclined to pass an interim order as prayed for by the petitioners,” the bench said while rejecting the petitions for interim stay.
However, as a serious issue of constitutional importance arises for consideration in these petitions, “we are inclined to set down these petitions for final hearing in the second week of March 2026,” it said.
Though petitioners have contended that the power of ECI, as conferred on it under Article 324 of the Constitution, is merely executive in nature and also limited to certain subjects, ECI placed reliance on various decisions of the Supreme Court, wherein it has been held that the power of ECI to issue guidelines and directions under Article 324 is having the force of law and statutory in nature. This aspect also requires a serious consideration, the bench noted.