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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, G.ARUL MURUGAN
VA.Pugazhendi – Appellant
Versus
All India Anna Dravida Munnetra Kazhagam – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 226 for vacating interim orders. (Para 1 , 2) |
| 2. validity of resolutions from general council meeting. (Para 3 , 4) |
| 3. authority's power limited by ongoing civil proceedings. (Para 5) |
| 4. interlocutory orders impacting election commission proceedings. (Para 6 , 7) |
| 5. arguments on the election commission’s jurisdiction. (Para 8 , 10 , 18) |
| 6. restrictions on judicial interference with statutory authority actions. (Para 12 , 22) |
| 7. ratio of jurisdiction under para 15 of the symbols order. (Para 14 , 15 , 25 , 26) |
| 8. establishing jurisdiction thresholds for commission inquiries. (Para 19) |
| 9. court delineating boundaries of election commission's inquiry. (Para 32 , 45) |
| 10. court's conclusion on stay orders and future inquiries by the commission. (Para 44) |
| 11. final orders regarding stay and costs. (Para 46 , 47) |
ORDER :
R. SUBRAMANIAN, J.
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
The Election Commission must confirm the existence of rival groups before exercising jurisdiction over political party disputes under Section 29A.
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 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.
The court upheld the Election Commission's authority to freeze a political party's symbol pending dispute resolution, emphasizing urgency and procedural appropriateness in electoral matters.
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