Decide AIADMK’s Representation For Updation Of Its Amended By-Laws Within 10 Days: Delhi High Court Directs ECI

The Delhi High Court on Wednesday directed the Election Commission of India to decide within ten days the representation of All India Anna Dravida Munnetra Kazhagam (AIADMK) for updation of its amended by-laws with the records of the constitutional body.

The counsel representing ECI told Justice Purushaindra Kumar Kaurav that the Commission will take a call on the representation within ten days.

The court disposed of the plea moved by the political party and its interim General Secretary Thiru K Palaniswamy seeking direction for ECI to consider its representation and upload the latest amended bye-laws dated July 11, 2022 in its records.

Justice Kaurav also permitted the counsel of former Chief Minister of Tamil Nadu O. Panneerselvan, who sought intervention in the matter, to raise the grievances before ECI and avail legal remedies available with them.

It was the case of AIADMK that the ECI had acted contrary to the settled legal principles by taking a stand that the amended by-laws are not being updated owing to certain internal disputes pending in the party.

AIADMK in the plea stated that the inaction of the ECI to upload the latest bylaws 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 was also submitted that ECI’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 ECI is causing grave prejudice and hardship not only to the AIADMK Party but also to the primary members of AIADMK Party and 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 oppointing various unknown persons to the posts of AIADMK Party and such impersonation cannot be allowed in a vibrant democracy,” the plea added.

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

Citation: 2023 LiveLaw (Del) 305