LAWS(MAD)-2017-9-137

RAMKUMAR ADITYAN Vs. CHIEF ELECTION COMMISSIONER

Decided On September 15, 2017
Ramkumar Adityan Appellant
V/S
CHIEF ELECTION COMMISSIONER Respondents

JUDGEMENT

(1.) The split in political parties and emergence of rival groups and the consequent litigations contribute considerably for the Himalayan arrears in Courts. The division in All India Anna Dravida Munnetra Kazhagam (AIADMK) and the claim made by the rival groups for recognizing them as the official faction and allotment of reserved symbol made the petitioner who is an active member of AIADMK to file this Writ Petition for a direction to the Election Commission of India to decide the dispute in accordance with the "test of majority" approved by the Hon'ble Supreme Court in Sadiq Ali v. Election Commission of India [1972(4) SCC 664], under the supervision of a former Judge of the High Court.

(2.) The AIADMK is a recognized political party in the State of Tamil Nadu and Pondicherry with the symbol "two leaves".

(3.) The General Secretary of AIADMK expired on 05 December, 2016. Thereafter, the respondent No.6 was nominated/appointed as the General Secretary of AIADMK, in its meeting held on 29 December, 2016, till a General Secretary is duly elected as per Rule 20(2) of the Bylaws of AIADMK.