Election Commission opposes AIADMK's plea for time limit to decide on representations
In a counter affidavit filed before the second Division Bench of Justices R. Subramanian and K. Surender, Tamil Nadu Chief Electoral Officer (CEO) Archana Patnaik said, 'an order requiring specific timelines is not necessary', since the ECI was a constitutional body whose workload due to the upcoming Bihar Assembly elections and other activities need to be factored in.
Filing the counter on behalf of the ECI, the CEO assured the Bench that the proceedings in the AIADMK issue would, however, be dealt with in an 'expeditious manner', and in accordance with the order passed by the High Court on February 12, 2025. Earlier, senior counsel Vijay Narayan, assisted by K. Gowtham Kumar, had contended that the ECI could not sit over the matter for months.
Responding to it, Ms. Patnaik said, initially, an individual named S. Surya Moorthi and a couple of others had made a representation to the ECI on February 12, 2024 for freezing the 'two leaves' symbol. Hence, the Commission in December 2024 told the court that it would take a decision on his representation within four weeks. In the interregnum, six more individuals aproached the ECI.
The CEO said the representations were from P. Ravindranath (former MP and son of former Chief Minister O. Panneerselvam), Va. Pugazhendi, M.G. Ramachandiran, P. Gandhi, B. Ramkumar Adityan, and K.C. Palanisamy.
The individuals were given a personal hearing on December 23 and 24, 2024, after which, the parties began filing further representations, replies, and rejoinders. Eventually, the number of parties increased to 10, and all of them were given a personal hearing on April 28, 2025. Mr. Pugazhendi, Mr. Ravindranath and Mr. Paneerselvam submitted written representations as late as April 29, 2025; May 7, 2025, and July 3, 2025, respectively, the CEO added.
Stating the individuals had relied upon multiple judicial pronouncements, the CEO said, the commission would require time to consider those materials in detail. She said, the commission was now conducting preliminary hearings to find out whether there were rival factions in the AIADMK requiring ECI's interference under paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
'Once the preliminary hearing is completed, the matter will be dealt with based on the findings therefrom. I respectfully submit that the first respondent (ECI) is sensitive to the matter and its role as a constitutional body,' the counter affidavit filed by the CEO, through ECI counsel Niranjan Rajagopalan, read.
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