Madras HC refuses interim relief to parties de-recognised by ECI, including MMK and TMMK

CHENNAI: Madras high court on Wednesday refused to pass any interim orders staying the order passed by the Election Commission of India (ECI) de-recognising political parties, including Manithaneya Makkal Katchi (MMK), Tamizhaga Makkal Munnertra Kazhagam (TMMK), Manithaneya Jananayaga Katchi, and Manithaneya Makkal Katchi.

ECI passed the order on the ground that the parties did not contest in any election in the past 6 years. Refusing to grant any interim relief, the first bench of Chief Justice Manindra Mohan and Justice G Arul Murugan observed that granting any interim relief would amount to allowing the petitions themselves.

According to the petitioners, ECI passed similar orders against 476 parties, and the order was without jurisdiction, as the commission has no power to de-recognise a party once it is registered under Section 29A of the Representation of People Act (RPA).

Representing MMK, senior advocate P Wilson submitted that the ECI has no authority to review the registration already granted under Section 29A, except when it is obtained by fraud or when declared unlawful under the Unlawful Activities (Prevention) Act 1967, or any similar law, as decided by the Supreme Court in the Indian National Congress case in 2002.

He argued that MMK was registered in 2009 and that the 2014 guidelines relied upon by the commission did not apply to the petitioner's party, as it is not required to contest elections continuously for 6 years. He further submitted that the secretary of the ECI, who passed the order, is not the Election Commission as defined in the RPA.

The secretary of the ECI cannot assume the powers of the election commission. The order purportedly deprived the party of benefits under Sections 29B and 29C of the RPA and, therefore, such orders cannot be passed mechanically, as they have civil consequences, he added.