CHENNAI: The Madras High Court on Thursday recalled the order of interim stay on the proceedings of a civil court on the suit challenging the election of Edappadi K Palaniswami as the general secretary of the party in 2022 by the general council instead of being directly elected by party’s primary members.
The interim order was issued by Justice P B Balaji on August 19 while hearing a civil revision petition filed by EPS against the civil court’s order to dismiss the application filed by him seeking to reject the plaint of S Suriyamoorthy, of Dindigul, who had challenged the election of EPS as the general secretary of the party by the general council.
On Thursday, advocate M Velmurugan, appearing for Suriyamoorthy, submitted that the fact that a caveat petition was filed by his client was suppressed by the civil revision petitioner (EPS) and hence the interim injunction order of August 19 had to be recalled.
Subsequently, Justice Balaji recalled the order and posted the petition for hearing on August 25, 2025. EPS had sought the civil court to reject the plaint of Suriyamoorthy on the grounds of a similar suit filed by the latter, who, he said, was not a party member as he was expelled.
The Fourth Assistant City Civil Court Judge K Sivasakthivel on July 31, 2025, passed the orders to dismiss the application filed by EPS, holding that whether there is a cause of action or not would be decided based on the allegations made in the plaint.
On perusal of the plaintiff’s allegation, the judge said that as per Rule 43 and 20 of the AIADMK bylaw, general secretary should be elected by the party’s primary members. The applicant (EPS) has not stated that he was elected as per Rule 43 r/20 (2) of the bylaw. Hence, there is a triable issue in the suit, he had stated.