CHENNAI: Though many perceived the Madras High Court’s verdict on Wednesday, allowing ECI to inquire into the representations submitted by individuals regarding AIADMK’s intra-party affairs, as a setback for the party, its senior leader and former law minister C Ve Shanmugam said it was not a setback since the court had agreed on its contentions.
Addressing the media, he told reporters that AIADMK’s argument in the case was that the ECI should decide whether it had powers to inquire into the internal affairs of a political party.
“Accordingly, the HC today directed the ECI to decide whether it has the power to inquire into the internal affairs of the party before starting its inquiry (into the representations it received). So, the HC has accepted our prayer clearly,” he added.
Shanmugam said the ECI has powers only under Section 29A (9) of the Representation of the People's Act and Para 15 of the Election Symbols Order. He said the Commission has the power to decide whether a political party is registered in accordance with the Constitution. The other area where the ECI has powers is that when there is a split in a party, the Commission can decide which group should be recognised as the party.
“The Commission can take on its records when a recognised political party informs about any changes in the bylaws, office-bearers, etc. It has no powers to go into whether the changes made are correct or not. That power lies only with the courts,” Shanmugam added.
Shanmugam said, appearing before the ECI on December 23, 2024, the AIADMK told the Commission that it cannot inquire about the petition given by a person, who is a non-member of the party. Since the ECI went on sending notices to inquire into the internal affairs of AIADMK, the party moved the HC.
Political analyst Tharasu Shyam also said the HC ruling was not a setback since in many cases ECI had accepted before various courts that it had no powers to inquire about the internal affairs of a party. "If the ECI goes ahead with inquiring into AIADMK’s affairs, it would open up a pandora's box. If the AIADMK moves the Supreme Court, it is highly likely that the SC would stay the HC order," he added.
He also said that the ruling can also infuriate AIADMK cadres' against those who petitioned in the ECI since it could lead to freezing of the party's symbol and as a consequence this anger could strengthen Palaniswami.
Meanwhile, former AIADMK leaders like V Pugazhendi, who were among those who moved the court, and former CM O Panneerselvam welcomed the HC ruling. "We are not for freezing the Two Leaves symbol. But we don't want that symbol to be with Edappadi K Palaniswami," Pugazhendi said.
TNCC president K Selvaperunthagai raised suspicion whether BJP was behind the recent developments as part of the latter’s attempt to get AIADMK into its alliance.