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Delhi High Court gives Election Commission 10 days to decide on AIADMK’s amended bylaws

Justice Purushaindra Kumar Kaurav issued the directive based on a petition by the party general secretary Edappadi Palaniswami.

ByVinodh Arulappan

Published Apr 12, 2023 | 5:59 PM ⚊UpdatedApr 12, 2023 | 5:59 PM

O Panneerselvam (left) and Edappadi K Palaniswami (right) have been locked in a bitter power struggle since the passing of party leader J Jayalalithaa in 2016. (Sourced)

The Delhi High Court has asked the Election Commission of India (ECI) to decide on the AIADMK’s representation to take the party’s amended bylaws on record within 10 days.

Justice Purushaindra Kumar Kaurav issued the order on Wednesday, 12 April, while closing the petition by AIADMK general secretary Edappadi K Palaniswami.

“In view of the stand by the ECI, the court deems it appropriate to dispose of the petition with a direction to the ECI to decide the representation of the petitioner within 10 days,” the court said.

Earlier, ECI’s counsel Advocate Siddhant Kumar submitted that the representation was under the consideration of the poll panel, and a decision would be made in 10 days.

Panneerselvam can approach ECI: Court

In his petition, Palaniswami stated that the ECI not taking on record the amended bylaws was causing grave prejudice and hardship to the AIADMK and the party’s primary members, as well as the people in Tamil Nadu.

A general council meeting of the AIADMK passed the amendments on 11 July, 2022, making Palaniswami to party’s general secretary and expelling O Panneerselvam from the party’s primary membership.

The petition also stated that strangers were representing the AIADMK as coordinators and other officer bearers.

They had also appointed several unknown persons as party functionaries. Such impersonations could not be allowed in a vibrant democracy, he contested.

Palaniswami also submitted that the AIADMK has a significant presence in Karnataka and has decided to contest the Assembly election from the Kolar constituency.

“Due to the lethargic response of the ECI, the party will be unable to contest the election,” he said in the petition.

Objecting to Palaniswami’s contentions, O Panneerselvam, also a party in the case, argued that the case could be filed only in Chennai and not in Delhi.

He also submitted that as the party’s coordinator, he should be allowed to participate in the proceedings before granting any relief to the petitioner. The court said that he could file a representation, citing his grievances, to the ECI, and seek legal remedies.

Senior Advocate Mukul Rohatgi appeared for the AIADMK.