ECI Can't Decide On Internal Disputes Within Unrecognised Political Party, Civil Suit Must: Delhi High Court

The Delhi High Court has ruled that the Election Commission of India (ECI) cannot decide on the internal disputes within an unrecognised political party, and that a such disputes would have to be resolved in a civil suit.

“The ECI will not recognize any rival faction of a registered unrecognized party in case of internal disputes, as it is not for the ECI to resolve these disputes. Such inter se disputes in a registered and unrecognized party, would have to be resolved in a civil suit,” Justice Mini Pushkarna said.

The Court was dealing with a plea filed by Pattali Makkal Katchi, an unrecognised political party through its founder and President, Dr. S. Ramadoss, challenging the letters issued by ECI extending the tenure of the previous President- Dr. R Anbumani til August 01, 2026.

Justice Pushkarna note that the dispute was essentially in the nature of an internal private dispute of an unrecognized political party, wherein the founder member of the party- Dr. S. Ramadoss, claimed himself to be the President whereas Dr. R. Anbumani, son of Ramadoss, claimed himself to be the current President having his tenure till August, 2026.

The Court observed that in case of any dispute related to an unrecognized political party, the ECI shall not go into such disputes, which are in the nature of internal disputes between rival factions of the unrecognized political party.

“… the ECI takes any decision on the issue of rival claims raised by different factions of an unrecognized political party, such decision would be beyond the power/jurisdiction of the ECI as the ECI is not vested with the power/jurisdiction to entertain or adjudicate claims of rival sections or groups of unrecognised political parties, each of whom claims to be that party,” the judge said.

It added that while Clause 15 of the Election Symbols (Reservation And Allotment) Order, 1968, empowers ECI to decide disputes between rival sections or groups of a “recognised political party”, there is no corresponding provision that empowers ECI to decide disputes between rival sections or groups of a “unrecognized political party”.

This Court recorded the submissions made by counsel for the ECI that the Commission shall not decide upon any controversy with regard to the recognition of either Dr. R. Anbumani or Dr. S. Ramadoss as the President of the party in question.

“….it is manifest that the ECI has no power or jurisdiction to give any finding as regards internal disputes emanating from rival sections within an unrecognized political party, as in the case of the petitioner political party. Furthermore, the ECI, as such, shall not recognize or de-recognize any rival faction or any claims that may be raised by any rival faction,” the Court said.

Title: M/S PATTALI MAKKAL KATCHI v. ELECTION COMMISSION OF INDIA & ANR

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