He alleged that the EC acted in a partisan manner and according to the Centre's wish while deciding the row over the two-leaves party symbol.
"The Commission did not act neutrally. We will approach the Supreme Court against its order. The ruling confirms that EC functioned in accordance with the Centre's wish. The Centre's hand can be seen, Centre's intervention is there," he alleged.
The two-leaves symbol was frozen when Mr Panneerselvam who had the support of only about a dozen each MLAs and MPs moved the EC seeking it (in March ahead of the RK Nagar bypoll which was cancelled subsequently), he said referring to the interim order of the commission.
Stating that the EC has allotted the symbol to the EPS-OPS faction on the ground they now had the support of 111 MLAs and 42 MPs, he asked why the same rationale was not followed earlier when the then Sasikala group had the backing of 122 MLAs and 37 MPs.
Without considering this, the EC was 'keen' on blocking the symbol. There can be "no better example to show that the Election Commission did not act neutrally in the matter," he charged.
Mr Palaniswami was with the Sasikala-Dhinakaran faction then.
In August, Palaniswami-Panneerselvam factions merged dumping Sasikala and her clan.
He asked why the poll panel did not apply the rationale of that case when Mr Panneerselvam approached the EC. "They conveniently forgot that judgment then," he added.
It may be recalled that the Supreme Court had then given a ruling upholding, among other things, the power of the commission to decide disputes amongst political parties or between splinter groups within a political party.
Mr Dhinakaran, however, said the Sadiq Ali case was not applicable to AIADMK since primary members support had to be taken into consideration. This factor was not considered, he claimed.
Several AIADMK General Council members also petitioned the EC in person in the matter and when they sought to cross-examine the rival faction, the poll body said it will be considered later, he said.
However, rejection of their plea showed that the EC did not act neutrally, he alleged.
Mr Dhinakaran said they would fight legally and "victory will be ours... party cadres and people are with us."