CHENNAI: The Madras High Court has issued notice to the Election Commission of India, directing it to file a counter-affidavit to the petition filed by the Manithaneya Makkal Katchi (MMK) challenging the commission’s order to delist the party. The first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan directed the ECI to file the counter-affidavit within four weeks.
The petition was filed by Abdul Samath, general secretary of MMK.
Senior counsel P Wilson, appearing for the petitioner, submitted that the 2014 guidelines of the ECI states that any party registered with the commission has to contest six elections to retain the registration. But MMK was registered in 2009 and so, the 2014 guidelines will not apply for it, he told the court.
He noted that the impugned order dated September 19, 2025 for deregistration was passed by the secretary of the ECI and not the commissioners who are authorised to do so. The petition stated that the party has been actively involved in raising voice for the public issues and has frequently been participating in all the elections from 2009 to 2022.
However, the secretary had passed the order without providing a reasonable opportunity to be heard, it said. Apart from praying for quashing the impugned order, the petition wanted the court to restore the registration, which is done under section 29 A of the Representation of People Act, within a timeframe.