New Delhi, April 12 The Delhi High Court on Wednesday ordered the Election Commission of India (ECI) to decide All India Anna Dravida Munnetra Kazhagam (AIADMK)'s representations asking the poll body to take on record the amended by-laws of the party within 10 days.
After expelling former Tamil Nadu Chief Minister O. Panneerselvam from the party and appointing Edappadi Palaniswamy as the General Secretary, the AIADMK had amended its by-laws in July last year.
During the hearing, Justice Purushaindra Kumar Kaurav passed the order after it was stated that the EC is considering the representation and will take a final decision on the same within 10 days.
Appearing for the political party, senior Advocate Mukul Rohatgi said that the EC may consider passing the order by Monday for the party's candidates to take part in the upcoming Karnataka elections.
To this, the court said that it cannot force the EC to do the same.
However, the EC's counsel advocate Siddhant Kumar assured the court that if the Commission can take a call earlier, it will.
Panneerselvam and other expelled Members of Legislative Assembly (MLAs) were allowed by the court to raise their grievances before the EC and take legal remedies.
Justice Pratibha M. Singh had, on Monday, recused herself from hearing AIADMK's plea seeking directions for updation of its records with the EC.
The AIADMK has sought that the court direct the EC to consider its representations and upload the latest amended by-laws dated July 11, 2022, in its records. The political party has claimed that owing to certain internal disputes pending in the party, the EC has acted contrary to the settled legal principles.
The AIADMK, in the plea, stated that the inaction of the EC to upload the latest by-laws on the website will seriously impact its democratic fabric as a recognised political party having significant presence in Karnataka as it will be unable to participate in the elections.
"The inaction will only cause severe disruption of the activities of the petitioner party which will, in turn, have a serious bearing on the democratic principles of the nation," the plea stated.
It has further been submitted that the EC's inaction to upload the amended records will lead to a situation where AIADMK will not be able to put up a candidate or carry out any other administrative function.
"The inaction of the EC is causing grave prejudice and hardship not only to the AIADMK party but also to the primary members of AIADMK party and the entire citizenry of state of Tamil Nadu for the reason that absolute strangers to the AIADMK party are representing themselves as Coordinators and other office bearers of party. They are also appointing various unknown persons to the posts of AIADMK party and such impersonation cannot be allowed in a vibrant democracy," the plea adds.
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