In a setback for All India Anna Dravida Munnetra Kazhagam (AIADMK) interim general secretary Edappadi K Palaniswami (EPS), the Election Commission (EC) informed the Supreme Court (SC) on Thursday that it cannot accept the resolutions passed in the General Assembly on July 11 recognising EPS as the interim general secretary of AIADMK.
EPS had sought directions to the EC to upload the bye-laws of the AIADMK amended on July 11, 2022. “The aforesaid bye-laws dated 11.07.2022 were not taken on record by the Answering Respondent [EC] as the same is under challenge, including the manner and the process in which the amendments were passed in the said meeting, in a number of litigations and counter litigations,” the EC said.
The EC does not monitor or regulate inner party functions or internal elections in a political party, the authority said in its affidavit.
“The Answering Respondent does not regulate or monitor inner-party functions or internal elections of any political party as the same is neither envisaged under the Constitution of India nor under any other law,” it stated.
“Only insofar as recognised political parties are concerned”, the Election Commission is mandated to ensure that “all recognized political parties report to it about the holding of their elections at prescribed intervals as provided in their respective party constitutions and that they also submit the list of office bearers elected at the Central level”, the affidavit added.
‘NO SYMBOL DISPUTE RAISED BY EITHER FACTIONS’
The ECI submitted that the litigating parties never raised a dispute in terms of paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968 triggering any action by the Answering Respondent under Section 29A of the Representation of the People Act, 1951 read with the Election Symbols (Reservation & Allotment) Order, 1968.
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