File written response to AIADMK’s plea on early decision in ‘two leaves’ symbol row, Madras High Court directs ECI

The Madras High Court on Friday (July 11, 2025) directed the Election Commission of India (ECI) to file its written response to a batch of six petitions preferred by the AIADMK for taking an expeditious decision on the commission’s jurisdiction to entertain representations made by expelled members of the party to freeze the ‘two leaves’ symbol.

Second Division Bench of Justices R. Subramanian and K. Surender wanted the ECI to submits its written response by July 21, 2025. The orders were passed after senior counsel Vijay Narayan, representing the AIADMK, complained that the commission was sitting on the matter for months without taking any decision.

A Division Bench comprising Justices Subramanian and G. Arul Murugan on February 12, 2025, permitted the ECI to find out if there were rival groups staking claim to the AIADMK, and decide which of those groups was actually entitled to be recognised as the political party.

Holding that the ECI could not be prevented from exercising its powers under paragraph 15 of the Election Symbols (Reservation and Allotment) Order of 1968, the judges had, however, insisted that the commission must first decide the preliminary issue of its jurisdiction, to entertain the representations, before proceeding further.

Mr. Narayan, assisted by advocate K. Gowtham Kumar, said, the ECI had completed the inquiry on April 28, 2025, itself but had not passed orders till date on the preliminary question of jurisdiction. He insisted on an early decision on the issue since the 2026 Assembly election was fast-approaching.

On the other hand, ECI counsel Niranjan Rajagopalan said, the commission would take a call on the matter as expeditiously as possible though he was not in a position to commit to a specific deadline. He said, the ECI does not want to commit to a specific date and then end up facing contempt of court proceedings.

He said, many individuals had made representations regarding the AIADMK dispute and therefore, the ECI officials had to read all their pleadings before taking a decision. He said, the commission had received written representations even as latest as on July 3, 2025, and therefore, the matter was getting delayed.

Responding to it, Mr. Narayan said, “People will keep filing representations but that cannot stop a constitutional authority from passing orders within a reasonable time.” He pointed out that the Supreme Court had recently prescribed time limits even for the President to act upon Bills referred by the Governors.

After hearing both sides, the judges insisted on a written response from the ECI within 10 days.

Those who had approached the ECI, complaining about the AIADMK intra-party affairs, included expelled party coordinator O. Panneerselvam’s son P. Ravindranath, Va. Pugazhendi, K.C. Palanisamy, B. Ramkumar Adityan, P. Gandhi, M.G. Ramachandiran, and S. Surya Moorthi.