ECI's Job Is Clerical: AIADMK MP CV Shanmugam

The remark comes against the backdrop of the Madras High Court lifting the ban on the commission's authority to investigate the internal feud of AIADMK.

Chennai: After the Madras High Court lifted the ban on the Election Commission of India's (ECI) authority to investigate the internecine feud of AIADMK, former minister and Rajya Sabha MP CV Shanmugam said at party headquarters in Royapettah, Chennai the expelled party members and some outsiders filed the case and the ECI's job is that of a clerk.

"Suriyamoorthy, who filed the case, contested the election against AIADMK general secretary Edappadi K Palaniswami. When the Election Commission asked us for a reply, we responded on December 23, 2024. Suriyamoorthy is not a member of the AIADMK. Therefore, we filed a petition with the Election Commission not to accept his petition. The intra-party reliefs requested by Suriyamoorthy as a party member are improper. We have told the Election Commission that it does not have the authority to investigate," he said.

According to Shanmugham, the poll body made two mistakes. Firstly, after AIADMK's reply, the ECI also heard the opinions of some people who were expelled from the party and conducted an investigation despite not having the authority, he said.

"We filed a case in the High Court saying the Election Commission is misusing the court's decision. It should not accept the intra-party matter for the investigation," he added.

The petition had two aspects and the court already accepted AIADMK's request at the beginning of the investigation. The court observed that the Election Commission should first decide whether it has the authority to investigate intra-party matters, Shanmugham said.

According to Rule 29A of the Representation of the People Act, 1951, to register a new political party, its bylaws must be registered with the Election Commission which is empowered to approve it after checking whether they adheres to the Constitution.

The Rule further states that every application for registration of a political party must have the details of its in-charge, office address and changes in bylaws.

"The Election Commission does not have the power to inquire whether it is correct or incorrect. Its job is only to register the reported change, just a "clerk's" job," Shanmughma said.

"If there are any shortcomings in the bylaws, only the court can investigate. In the event of a split in the party, the Election Commission can decide which group represents the actual party. It has admitted during the investigation that it does not have the power to interfere in internal party affairs. It must decide whether it has the power to investigate the petitions of those who are not affiliated with the party," he added.

The court observed that even if the ECI has the authority, it can only look into the original case.

"Who is Pugazhendi? Pugazhendi is the one who removed the OPS. He has filed a case against the AIADMK today. Why should the Election Commission investigate the AIADMK internal party issue when he does not have the authority? We never said that we did not have faith in the commission. But, we are against how the ECI was acting. The AIADMK arguments have been accepted in their entirety today. The lawyer for ECI said the decision will depend on the original case. If the poll body makes a wrong decision, we will go to court," Shanmugam said.