CHENNAI: The Madras High Court has restrained the Election Commission of India (ECI) from proceeding on the representations filed by two former MPs and a few others demanding the commission to not recognise the election of Edappadi K Palaniswami as the general secretary of AIADMK.
A division bench of Justices R Subramanian and C Kumarappan passed the interim orders on Thursday on the petitions filed by EPS praying for the court to quash the notices sent to him and stay the proceedings initiated by the ECI based on the representations it received from ex-MPs P Ravindranath and KC Palanisamy besides V Pugazhendi, B Ramkumar Adityan, P Gandhi and MG Ramachandran.
The bench questioned the rationale behind the ECI to proceed on the matter when civil suits challenging the AIADMK’s organisational polls were still pending.
EPS challenged the powers of the ECI in holding quasi-judicial proceedings based on the representations on the issues, which are 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,” he said in the petitions.
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 Representation of People Act, the Rules framed thereunder and the Orders, EPS stated.
Senior counsel C Aryama Sundaram, appearing for EPS, submitted that while ECI is projecting as if the proceedings are based on the orders of the high court; the procedure is clearly beyond the powers vested by the Constitution.
He noted ECI has proceeded on the matter as if the high court has issued an order in the case filed by one Surya Moorthi, who claimed to be a member of the party, and had prayed for the court to direct ECI to consider his representation for freezing the Two Leaves symbol.
However, the bench made it clear that it did not issue any direction to the ECI to consider Surya Moorthi’s representation, but had only recorded the submission of the ECI that it would decide on it in four weeks.