AIADMK’s amended bylaws are still under challenge, says Election Commission

OPS files affidavit objecting to EPS’s application that ECI should take the amended bylaws on record ahead of the byelection to Erode (East) Assembly constituency.

The Election Commission of India (ECI) on Thursday said the amended bylaws of July 11, 2022, which appointed former Chief Minister Edappadi K. Palaniswami as AIADMK’s interim general secretary and abolished the post of coordinator occupied by O. Panneerselvam were still under challenge.

“Bylaws dated July 11, 2022 were not taken on record by the answering respondent [ECI] as they are under challenge, including the manner and the process in which the amendments were passed in the meeting, in a number of litigations and counter-litigations,” the ECI said in an affidavit.

Besides, the ECI said, none of the litigating parties had ever raised the issue of existence of rival or splinter groups within the party, requiring action under the Representation of the People Act, 1951 and the Election Symbols (Reservation & Allotment) Order, 1968.

On the issue of ECI officials refusing to accept Mr. Palaniswami’s signature as AIADMK’s interim general secretary during the nomination process ahead of the byelection to the Erode (East) Assembly constituency, the ECI said the Returning Officer, as a “statutory authority”, has to exercise due diligence while accepting a candidate’s nomination.

Meanwhile, Mr. Panneerselvam also filed an affidavit objecting to Mr. Palaniswami’s application that ECI should take the amended bylaws on record ahead of the byelection.

He accused Mr. Palaniswami of abusing the process of the Supreme Court and ignoring the status of the Election Commission as a constitutional authority. He said the applications filed by Mr. Palaniswami was a “manifest, repetitive, vexatious and a wanton attempt at badgering the respondents and the court”.