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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE R.SUBRAMANIAN, MR. JUSTICE G.ARUL MURUGAN, JJ
V.A. Pugazhendi – Appellant
Versus
All India Anna Dravida Munnetra Kazhagam – Respondent
ORDER :
1. W.M.P.Nos.2872 of 2025, 2933 of 2025 and 4877 of 2025 have been filed under clause (3) of Article 226 of the Constitution of India seeking to vacate the interim orders granted by this court on 09.01.2025.
2. The Writ Petitions in W.P.Nos.252, 258 and 269 of 2025 have been filed seeking a Writ of Certiorarified Mandamus to quash the letters dated 24.12.2024 issued by the Secretary to the Election Commission of India while W.P.Nos.262, 265, 264 of 2025 have been filed seeking a Writ of Prohibition restraining the Election Commission of India from proceeding with or adjudicating the proceedings in furtherance to the letter dated 24.12.2024.
The sum and substance of the grievance of the petitioner, which is a registered political party is as follows:-
3. The petitioner is a political party recognized as such and registered with the Election Commission of India under Section 29A of the Representation of People Act, 1951. Certain disputes arose with reference to the validity of the General Council meeting of the said political party that was held on 11.07.2022, wherein certain amendments to the Constitution of the party were carried out. The validity of the meeting dated 11.07.202
The Election Commission can investigate rival factions of a political party under Para 15 of the Election Symbols Order, 1968, provided it first establishes the existence of such factions.
The Election Commission must confirm the existence of rival groups before exercising jurisdiction over political party disputes under Section 29A.
The Election Commission possesses lawful authority to enforce the Symbols Order, 1968, establishing differentiation in political party recognition and privileges as not arbitrary, supporting electora....
The ECI's power to allot symbols under paragraph 15 of the Symbols Order is independent of its power to register political parties under Section 29A of the Representation of the People Act, 1951, and....
The impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
The denial of an electoral symbol without legal justification disrupts democratic elections, necessitating judicial intervention to ensure fairness and equity.
The court established that the Election Symbols Order is an order under the Representation of the People Act, and violations can be grounds for election petitions.
The court established that the Election Symbols Order is integral to the electoral process and violations must be addressed through election petitions, not writs.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
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