Madras High Court vacates stay against EC probe into AIADMK's leadership dispute, symbol issues

The judges vacated the stay against the ECI probe into the leadership dispute (involving Palaniswami and Panneerselvam), pleas over allocation of the Two Leaves symbol and the July 2022 AIADMK general council resolutions that among others, expelled Panneerselvam and his supporters from the party.

Chennai: The challenge from expelled leaders to the leadership of AIADMK general secretary Edappadi K Palaniswami took a new turn on Wednesday with the Madras High Court vacating a stay against the Election Commission of India (ECI) probing the internal disputes of the party. Former MPs P Ravindranath, and K C Palanisamy, and V Pugazhendi, all expelled from the AIADMK, are challenging the allotment of 'Two Leaves' symbols to candidates chosen by Palaniswami.

Making light of the verdict, former Law Minister C Ve Shanmugam said the ECI has no role whatsoever to interfere in the internal affairs of the AIADMK, while making it clear that the High Court judgement was in no way a setback to Palaniswami.

“The Election Commission has powers vis-à-vis political parties only on registration of the party and allotment of symbols. The petitions filed by individuals who claim to be members of the AIADMK don’t come under the jurisdiction of the ECI. Our contention has been accepted by the court,” he claimed.

A division bench of justice R Subramanian and G Arul Murugan said the ECI should admit the pleas only if satisfied whether they are fit for enquiry and directed the poll body to conduct the probe under the Election Symbols rules.

“The ECI should first satisfy itself that there is a jurisdiction and a dispute in terms of Paragraph 15 of the Election Symbols (Reservation and Allotment) Order 1968. The ECI shall conduct the enquiry as per the parameters of the Order and proceed with the enquiry only after satisfying itself about the jurisdiction,” the bench said.

The source of the fresh litigation is a petition filed by S Suriya Moorthi seeking freezing of ‘Two Leaves’ symbol due to pending cases regarding the leadership dispute in the AIADMK which was disposed of by the High Court, in December 4, after recording the ECI’s response that it would take a decision within four weeks.

It is after the court order, the ECI issued notices to the AIADMK on six other representations filed by individuals expelled from the party. In January, the AIADMK obtained an interim stay against the ECI probe, which was lifted on Wednesday.

After a protracted legal battle, the ECI had in July 2023 recognised Palaniswami as the general secretary of the AIADMK and allotted the 'Two Leaves' symbol to candidates fielded by him in the 2024 Lok Sabha elections.

Panneerselvam, who claims he is still the coordinator of the AIADMK despite his expulsion from the party in July 2022, had contested the Lok Sabha polls as an independent candidate from Ramanathapuram seat in April this year.

In July 2022, Panneerselvam and his supporters, including two MLAs, were expelled from the AIADMK for “anti-party activities” by the general council, which appointed Palaniswami as the general secretary. Since then, Palaniswami’s authority in the AIADMK has been unquestioned.

Though 'Two Leaves', a magical symbol which still holds sway over AIADMK cadres and public, was allotted to EPS, the party did suffer a setback in the 2024 polls, especially in Southern Tamil Nadu where it was pushed to the third slot by BJP and its allies, including OPS and T T V Dhinakaran, in Madurai, Tirunelveli, Theni, Ramanathapuram, and to the fourth slot in Kanyakumari.