Amma Makkal Munnetra Kazhagam (AMMK) leader T.T.V. Dhinakaran moved the Supreme Court on Monday against a Delhi High Court judgment upholding an Election Commission of India (ECI) decision to recognise the rival K. Palaniswami-O.Panneerselvam faction as the “real” All India Anna Dravida Munnetra Kazhagam (AIADMK) party worthy of the ‘two leaves’ election symbol.
Mr. Dhinakaran, through his counsel Vivek Singh, challenged the February 28 judgment of the High Court as erroneous and sought an ex-parte order to stay the verdict till his petition in the apex court is decided.
He also wants 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. 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 party. Mr. Dhinakaran 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 the 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 appointed general secretary in a similar fashion, Mr. Dhinakaran claimed. The petition recalled how the ECI had denied his group a common symbol and skewed the level-playing field and free and fair election.
