Amma Makkal Munnetra Kazhagam (AMMK) leader T.T.V. Dhinakaran on Monday moved the Supreme Court against a Delhi High Court judgment upholding an Election Commission of India (ECI) decision to recognise the E.K. Palaniswami-O. Panneerselvam faction as the “real” All India Anna Dravida Munnetra Kazhagam (AIADMK) worthy of the ‘two leaves’ election symbol.
The petition was mentioned by senior advocate Vijay Hansaria before a Bench led by Chief Justice of India Ranjan Gogoi. The case has been listed for hearing on March 15.
Mr. Dhinakaran, through his counsel Vivek Singh, challenged the February 28 judgment of the High Court, saying it was erroneous and sought an ex-parte order to stay the verdict till his petition in the apex court is decided.
He also wanted the apex court to freeze the implementation of the ECI decision of November 2017 to allot his rival group the ‘two leaves’ symbol. Mr. Dhinakaran further asked the court to direct the poll body to allot his group the common symbol ‘pressure cooker’.
The special leave petition argued that the rival group tinkered with the constitution of the party and “any alteration in basic structure of the party constitution would render the party a new being”.
Mr. Dhinakaran contended that both the ECI and the High Court failed to consider the test of adherence to the party constitution.
He questioned how a faction, which has attempted to amend the basic rules and regulations of the AIADMK, could be recognised as the true heirs of the party.
‘Material facts’ shown
The petition contended that Mr. Dhinakaran had shown ‘material facts’ to prove that he had the support of the rank and file of the AIADMK. Whereas the rival leaders, by their own admission, had said they had the support of only 11 MLAs out of 134 and support of 12 MPs out of 50.
On the other hand, Mr. Dhinakaran had produced an affidavit of support of 122 MLAs and 37 MPs and 1,912 out of 2,040 General Council members. A person claiming to be the party must show sizeable support on his side, the petition said.
He dismissed rivals’ claim of “subversion of rules” whereby V.K. Sasikala (VKS) was alleged to have usurped the post of general secretary and the control of the party. He said this claim was not supported by fact or evidence. Besides, former Tamil Nadu Chief Minister Jayalalithaa was also appointed the general secretary in a similar fashion, Mr. Dhinakaran claimed.
“VKS was appointed as general secretary on the basis of a resolution moved and supported by the respondents. Further, there was a precedent in the party of similar appointment when Late Dr Jayalalitha was appointed in similar fashion,” the petition said.
It recalled how the ECI had denied his group a common symbol and ''skewed'' the level playing field for a free and fair election. The odds were finally leveled in his favour only when the Supreme Court, in a February 7 order, entitled him to a common symbol.
