Read Time: 05 minutes

Synopsis

The Delhi High Court on Wednesday directed the Election Commission of India (ECI) to decide the representation made by All India Dravida Munnetra Kazhagam (AIADMK) seeking directions for updation of its amended bylaws on ECI’s website within ten days.

During the hearing, Advocate Siddharth Kumar appeared for the ECI and Senior Advocate Mukul Rohatgi appeared for AIADMK.

Kumar apprised the bench of Justice Purushaindra Kumar Kaurav that the commission is considering the representation and they shall take a decision on the same within ten days.

Taking note of the submission, the single-judge bench directed the ECI to update AIADMK’s amended bylaws on its website within ten days. Furthermore, the court directed O. Panneerselvam to raise his grievances directly before the ECI and avail legal remedies available.

The plea moved by AIADMK and its General Secretary Thiru K Palaniswamy has sought a direction to the ECI to update its amended bylaws dated July 11, 2022, as it had appointed Palaniswamy as the interim general secretary of the party and expelled O. Panneerselvam.

The plea stated, “Non-updating of the amended bylaws on the website of ECI will impact its democratic fabric as it has a significant presence in Karnataka as it will be unable to participate in the election. Due to this inaction, the party will not be able to put its candidate or carry out any other administrative function”.

“The inaction of the commission is causing grave prejudice and hardship not only to the AIADMK party but also to the primary members of the AIADMK and the entire citizenry of Tamil Nadu for the reason absolute strangers to the AIADMK party”, the plea read.

Furthermore, the plea stated that the inaction will only cause severe disruption of the activities of the AIADMK party which will run, in turn, have a serious bearing on the democratic republic of the nation.

It is to be noted, that on April 10, Justice Prathiba M. Singh had recused herself from hearing the plea.

Counsel for the petitioner had then submitted that there was an urgency to update the records as the dates of the nominations for the Karnataka election had been declared and that the last date of nomination was scheduled as April 20.

During the hearing, on Monday, the court was apprised that an intervention application was filed by former Chief Minister of Tamil Nadu, O. Panneerselvam seeking intervention in the plea.

Case Title: All India Anna Dravida Munnetra Kazhagam & Anr. v. Election Commission of India