ECI requests more time in response to DMK’s appeal against the Madras High Court’s writ powers ruling

The Madras High Court’s first bench, which consists of Chief Justice SV Gangapurwala and Justice J Sathya Narayana Prasad, postponed the hearing on the applications filed by the DMK about the denial of pre-certification of election ads till the following week on Thursday.

The Supreme Court’s final ruling in the 2004 Union of India v. Gemini TV and others case regarding the broadcast of election commercials in electronic media prompted the postponement, according to ECI attorney Niranjan Rajagopalan.

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The attorney argued that the ECI created clause 3.8 of the regulations regulating pre-certification of the poll ads, which states that any appeal against the chief electoral officer’s ruling may only be brought before the Supreme Court. This was done in accordance with the directives of the Supreme Court in this particular instance.

The constitutionality of a provision that deprives the high court of its writ jurisdiction under Article 226 of the Constitution has been questioned by senior advocate R Shanmugasundaram. The court requested a copy of the final ruling on Thursday, stating that the ECI could not take away the High Court’s authority.