Madras High Court Seeks ECI’s Response on Plea Challenging Delisting of Manithaneya Makkal Katchi

The Madras High Court has directed the Election Commission of India (ECI) to file its response within four weeks to a writ petition filed by the Manithaneya Makkal Katchi (MMK), in which the party is challenging its delisting by the ECI. The MMK contends that the order issued by the ECI Secretary on August 11, 2025, which removed its name from the register of registered but unrecognised political parties, was unlawful. The party argues that despite its consistent political activity, including participation in elections from 2009 to 2022, and regular financial disclosures to the Tamil Nadu Chief Electoral Officer, the ECI treated it as inactive and proceeded to delist it.

In its petition, MMK claims that the ECI erred by asserting delisting on the ground that the party had not contested any elections since 2019. The party insists that the statutory framework under Section 29A of the Representation of the People Act does not authorize the ECI to delist a party merely for non-participation in elections; rather, the section only specifies the criteria necessary for registration. MMK also argues that the ECI applied its 2014 "Guidelines for Registration of Political Parties" retroactively, even though these guidelines were introduced after the party’s registration, which according to MMK violates legal principles.

Moreover, MMK contends that the decision to delist was made without adequate hearing — although the Chief Electoral Officer had set a hearing date on August 26, 2025, no hearing took place despite the party president’s appearance. The party also claims that the delisting order was issued by the ECI Secretary alone, without the formal approval of the full Commission, thereby breaching obligations under the Election Commissioners’ Act and the rules prescribing decision-making procedures.

Through the writ petition, MMK seeks to quash the delisting order, to have its registration restored, and to ask the Court to set a timeline for such restoration. The case is now underway before a bench of the Madras High Court, which has formally issued notice to the ECI based on MMK’s challenge.

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