EPS Vs OPS: Delhi HC Directs EC To Decide On Record Party’s Amended Bye-Laws Within Ten Days

The Delhi High Court on Wednesday directed the Election Commission of India (ECI) to decide on AIADMK’s representations requesting that the poll body record the party’s amended bye-laws within ten days.

In July 2022, the AIADMK amended its bye-laws, expelling former Tamil Nadu Chief Minister O Panneerselvam and appointing E Palaniswamy as General Secretary.

A single bench of Justice Purushaindra Kumar Kaurav passed the order today after Advocate Siddhant Kumar stated that the ECI is considering the representation and will make a final decision within ten days.

Appearing for AIADMK, Senior Advocate Mukul Rohatgi stated that the Commission may consider passing the order by Monday so that the party’s candidates can run in the upcoming Karnataka elections.

The division bench stated that it cannot compel the ECI to follow suit. However, Kumar assured the Court that the Commission would make a decision as soon as possible.

Furthermore, the bench allowed Panneerselvam and the other expelled Members of Legislative Assembly (MLAs) to file grievances with the ECI and pursue legal remedies.

The AIADMK and E Palaniswamy had moved the High Court, requesting that the ECI record the amended bye-laws of the party, under which Palaniswami was appointed interim General Secretary and O Panneerselvam was expelled.

The amended bye-laws also ended the party’s dual leadership system, under which Palaniswami and Panneerselvam shared power.

According to reports, the party has made several representations to the ECI on the subject, but the Commission has yet to make a final decision.

In their petition, AIADMK and Palaniswamy stated that the Commission’s position is that the party’s records are not being updated due to internal party disputes.

The plea argued that this is completely contrary to various established legal principles as well as the ECI’s position in the Shiv Sena dispute, in which the Commission used its plenary power to decide the issue regardless of internal issues pending in that party.

“It is the duty of the ECI, as a State authority to provide a reasonable reply to representations submitted by a political party. Till date, the ECI has deliberately chosen not to reply to any representations submitted by the Petitioner Political party Thus the inaction of ECI in the present case is plain violative of Article 14 of Constitution of India and ECI by not updating its recrods w.r.t. AIADMK Party is arbitrarily treating the equals as unequals,” the plea reads.

It was also argued that the ECI’s authority under Section 29A (9) of the Representation of the People Act, 1951 is limited to recording material changes/amendments to a party’s constitution and office bearers.