Can EC adjudicate on AIADMK poll, asks EPS in HC plea

CHENNAI: AIADMK general secretary Edappadi K Palaniswami on Thursday asked the Election Commission of India (ECI) to show its jurisdictional powers to adjudicate on representations challenging the party’s organisational polls and disputes.

Senior counsel Aryama Sundaram, appearing for Palaniswami, made the submission before a division bench of Justices R Subramanian and G Arul Murugan in the case filed for seeking to restrain the commission from doing quasi-judicial adjudication on the representations submitted by certain persons, including former MPs P Ravindranath and KC Palanisamy, who sought the ECI not to acknowledge the amendments made in the party’s bylaws and the consequent election of EPS as the general secretary.

The court had temporarily restrained the ECI from proceeding with the matter.

“The prima facie issue is whether the ECI has got the jurisdiction to hear these representations. If it proceeds on and decides the matter, it will cause irreparable hardship to the party with about 2 crore primary members, given the election is nearing,” he told the court.

The counsel said, “If the factum of cognisance is accepted, then the fundamental issue of jurisdiction to take cognisance arises.” He asked the ECI to show its jurisdictional powers to ask for a reply from AIADMK in the matter.

Aryama Sundaram also questioned the locus standi of Ravindranath in filing the petition, as he was expelled from the party in July 14, 2022, which he has not challenged legally.

However, senior counsel Jayant Bhushan, representing Ravindranath, contended he was not expelled from the party till his tenure as MP ended, and so, they cannot say he has no locus standi.

Bhushan said the petition filed by EPS is premature. “They want to shut down the ECI and not proceed with the matter. The ECI is a Constitutional body and they are empowered to decide as to who the real party is.

Now, I don’t know whether that kind of thing can be taken up in a suit at all when the commission is having the authority,” he said, skeptical about whether a suit can be filed asking the civil court to say as to who the real party is.

Advocate R Thirumoorthy made submissions on behalf of another petitioner V Pugazhendi. The court adjourned the hearing to Friday for the ECI counsel to advance arguments.