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.

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 11.07.2022 as well as the validity of the resolutions passed thereat including the ones amending the constitution of the party and the election of the deponent Mr.Edappadi K.Palanisamy as the General Secretary of the party are subject matter of various civil proceedings before this Court and the City Civil Court, Chenai. There are also certain interim orders of injunction which have been challenged upto the Hon'ble Supreme Court. As the result of those interlocutory proceedings in the civil suit Mr.Edappadi K.Palanisamy continues to function as the General Secretary of the Party.

4. While things stood thus some of the Members as well as the non-members of the party had made several representations to the Election Commission touching upon the validity of the General Council meeting dated 11.07.2022, the validity of the resolutions passed therein and other matters. One such petitioner filed a Writ Petition in W.P.No.5300 of 2024 seeking a Writ of Mandamus directing the Election Commission to dispose of his representation dated 12.02.2024 in accordance with law. The said Writ Petition came up for hearing before the Division Bench of this Court, to which one of us (Hon'ble Mr.Justice R.Subramanian) was a party and this Court had passed the following order:-

“The petitioner seeks a mandamus directing the Election Commission of India to consider his representation dated 12.02.2024 and dispose of it in accordance with law.

2. Mr.Niranjan Rajagopalan, learned counsel appearing for the 1^st respondent/ Election Commission of Inda would submit that the Election Commission has issued notice to the parties and their responses has also been received and the Commission will take a decision within a period of four weeks from today. The Commission will hear all the parties before it reaches a decision.

3. This Writ Petition is disposed of, with the above directions. No costs.”

5. An application was filed by one of the parties seeking extension of time to dispose of the representation as directed by this Court. The Division Bench had clarified by order dated 20.02.2024 that the Court has not fixed any time, but, it had only recorded the statement of the learned counsel for the Election Commission that the Election Commission will dispose of the petitions within a period of four weeks and therefore there is no question of extension of time.

6. Thereafter, the Election Commission initiated proceedings for disposal of various petitions filed by the 3^rd respondent in each of these Writ Petitions. Notices were issued to the parties calling them for a personal hearing on 23.12.2024 and thereafter letters were issued to the parties on 24.12.2024 requiring them to exchange their submissions and necessary papers. It is at this stage the petitioner in all these Writ Petitions have come up bef