The case stems from petitions by Raveendranath, son of O Panneerselvam, and expelled members Pugazhendhi and KC Palaniswami, challenging EPS’ appointment as General Secretary and the allocation of the ‘Two Leaves’ symbol until leadership disputes are resolved
Published Feb 12, 2025 | 3:43 PM ⚊ Updated Feb 12, 2025 | 3:44 PM
Madras High Court raps ED for issuing summons to film producer despite stay
Synopsis: The Madras High Court lifted the stay on the Election Commission’s inquiry into AIADMK’s leadership and its ‘Two Leaves’ symbol. The court dismissed Edappadi K Palaniswami’s petition to block the probe, affirming the Commission’s authority to investigate. However, it directed the Commission to first determine its jurisdiction before proceeding with the case related to leadership disputes and pending civil cases
The Madras High Court on Tuesday, 11 February, lifted the stay on the Election Commission’s inquiry into the AIADMK General Secretary post and the allocation of the party’s ‘Two Leaves’ symbol.
The court also dismissed the petition filed by AIADMK General Secretary Edappadi K Palaniswami (EPS), who had sought to prevent the poll panel from proceeding with its investigation.
A bench consisting of Justices R Subramanian and G Arulmurugan ruled that the Election Commission holds the authority to carry out the inquiry, in line with its rules regarding party symbols.
However, the court directed the Commission to first assess whether it has jurisdiction over the matter before moving forward with any further proceedings.
The case arose from petitions filed by Raveendranath, the son of former AIADMK leader O Panneerselvam (OPS), and expelled party members Pugazhendhi and KC Palaniswami, challenging EPS’s appointment as general secretary and the resolutions passed during the AIADMK General Council meeting.
The petitioners argued that the ‘Two Leaves’ symbol should not be allocated to AIADMK until pending civil cases surrounding the leadership dispute are resolved.
Earlier, the Madras High Court had placed a stay on the Election Commission’s inquiry based on EPS’s plea. However, the latest order lifts that stay, allowing the Election Commission to proceed with its investigation.
This ruling is seen as a setback for EPS, as it opens the door for challenges to his leadership and the official symbol of AIADMK to be examined by the Election Commission.
In response to the ruling, AIADMK leader CV Shanmugam clarified that the Election Commission has limited powers under Section 29A, which only includes registering amendments to a party’s constitution—a procedural function.
He emphasised that the Commission does not have the authority to scrutinise the validity of such amendments, a matter that falls under the jurisdiction of the courts.
Shanmugam also pointed out that the petitions before the Election Commission were filed by individuals expelled from AIADMK, questioning the Commission’s authority to adjudicate on these issues.
He reiterated that the Madras High Court ruling upheld AIADMK’s stance that the Election Commission must first determine its jurisdiction before proceeding further.
Further criticising the Election Commission, Shanmugam accused it of overstepping its authority and misinterpreting the court’s decision.
He alleged that the petition filed by individuals claiming to be AIADMK members was fraudulent, specifically naming O Panneerselvam and Pugazhendhi as signatories, despite their removal from the party.
(Edited by Ananya Rao with inputs from Subash Chandra Bose)
