Chennai: The Madras High Court Tuesday rejected the pleas filed by deposed AIADMK leader O Panneerselvam and his aides against the party’s July 11 general council resolutions that among others expelled him and his supporters.
Justice K Kumaresh Babu said that the AIADMK’s July 11, 2022, general council resolutions relating to expulsion of Panneerselvam and appointing his rival K Palaniswami as the then interim chief were prima facie valid.
“It has been brought to the notice of this Court that the General Council consist of 2,665 members; 2,190 members have made a requisition to convene the General Council, 2,460 members have attended the meeting of the General Council July 11, 2022, and they voted in favour of the resolutions.”
“When that is so, primacy should be given to the decision taken in the General Council. I have already found that there is no dispute as regards the power of the General Council to amend the Rules and the fact that an overwhelming majority of the General Council had unanimously passed the resolution … To amend the bye-laws of the first respondent, I am of the view that prima facie, the resolutions passed in the General Council will have to be valid,” the judge said.
“As I am prima facie satisfied that Resolution No.3 is valid, the resolution No.4, 5 & 6 to create the post of Interim General Secretary, to appoint Edappadi K Palaniswami as Interim General Secretary and to conduct election for the post of General Secretary, in my view is also prima facie valid,” he said.
The Panneerselvam camp indicated it will appeal against the single-judge verdict before a division bench.
AIADMK advocate I S Inbadurai said the court rejected all petitions.
“Panneerselvam (and others) filed a plea against the July 11, 2022 resolutions. It has been rejected. This means the general council is valid, its resolutions are valid,” he told reporters.
OPS, as Panneerselvam is addressed, submitted his expulsion by the General Council was without any authority, was in violation of the principles of natural justice and argued that the applicants (some of his aides) are entitled to a grant of injunction for all the prayers made in the Original Applications.
The court said that if the applicants’ contentions are to be accepted and an injunction granted, it would revive “pre 11.07.2022 scenario wherein the party would have to be administered by the Coordinator and the Joint Coordinator jointly.”
“As difference of opinion had admittedly arisen between the Coordinator (OPS) and the Joint Coordinator (Palaniswami) in their functioning, and performance of the duties, there had arisen a functional deadlock in the affairs of the party. This has been categorically observed by the Hon’ble Apex Court in judgment dated February 23, 2023, in coming down on the findings of the order of the learned Single Judge dated August 17, 2022 (which ordered status quo over the July 11 GC meet).”
“The Hon’ble Apex Court in the aforesaid judgment has held that it could be drastically detrimental to the interest of the political party, which is a recognised political party with the Election Commission of India if the order of the learned Single Judge was to remain in force till the decision of the suit. In the present case also if an injunction is granted as prayed for by the applicant, then a status quo ante would prevail upon and the same would again be not in the interest of the political party,” the judge said in his 85-page order.
The court added there is a prima facie case in favour of the respondents in amending the bye-laws “and if the election to the post of General Secretary is sought to be injucted, then it would affect the functioning of the political party which has been recognized by the Election Commission of India without it having a leader.”
“Hence I do not find any prima facie case, balance of convenience or irreparable injury in favour of the applicants, but on the other hand, I find that the injunction as prayed for is granted, irreparable injury would be caused to the first respondent, as it would affect the functioning of the political party (AIADMK) which has over 1.55 crore primary members in the State of Tamil Nadu,” the judge noted.
The court rejected all the related applications without imposing costs.
PTI
