The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made the observation while disposing of a plea moved by S Surya Moorthi challenging AIADMK’s participation in the 2021 elections without holding intraparty polls.

Holding that there is some basis to the petition and the sentiments expressed by the petitioner has to be respected, the Chief Justice said: “The petitioner insinuates that a democratic process of elections as envisaged by the Constitution cannot be meaningful with political parties participating not being democratic by not holding inner elections.”

“The Constitution is silent on this, though the form of government both at the Centre and State was fashioned in the Westminster style. In fact, some of them would be run on a presidential basis in the United States with a single person or a few persons exercising real authority. It is painful to see that what is envisaged in the Constitution does not reflect even in letter far less in spirit,” the Chief Justice said.

However, on noting that the plea had become infructuous and the prayer as sought cannot be granted, the Chief Justice further held while disposing of the plea that the petitioner’s sentiment must be recorded in the highest order of democratic principles. The bench also held that the disposal should not be regarded as a rejection of the contention and that the petitioner is free to raise the issue at appropriate forums.

Advocate Niranjan Rajagopalan, appearing for the Election Commission, submitted that despite issuance of notice to AIADMK to conduct intraparty elections, the party had cited COVID-19 for not being able to hold the polls and had sought more time to conduct the polls.