Court can't interfere with internal affairs of party: Madras HC gives go-ahead for AIADMK's GC meet

Justice Krishnan Ramaswamy delivered the verdict on July 11 morning, which allowed the EPS faction to hold the GC meet, the supreme decision making body of the main opposition party in Tamil Nadu.
AIADMK partymen throng to the venue at a wedding hall in Vanagaram where the party GC meet is being held on July 11 in Chennai. (Photo | P Jawahar, EPS)
AIADMK partymen throng to the venue at a wedding hall in Vanagaram where the party GC meet is being held on July 11 in Chennai. (Photo | P Jawahar, EPS)

CHENNAI: The Madras High Court has given the green signal for the AIADMK General Council (GC) meeting to be held today. The meeting proposes to revive the interim general secretary post and abolish the dual leadership posts of coordinator as well as joint coordinator posts.

While counsels of both sides seated with bated breath, the judge read out the operative portion of the order.

Justice Krishnan Ramasamy who pronounced the verdict minutes before the meeting's scheduled start said that as the majority of AIADMK members are in favour of conducting the meeting, therefore, there are no illegalities. However, the aggrieved parties can approach the court if they found illegalities in the proceedings of the meeting, the judge said.

Holding that the court cannot interfere with the squabbles of a political party, the court rejected a plea from AIADMK leader and former Co-ordinator O Panneerselvam (OPS) to stay the conduct of the meeting at a marriage hall here, virtually making way for rival leader Edappady K Palaniswami's elevation as a possible single leader of the party.

Embattled OPS has unsuccessfully waged a legal battle to stall the general council meeting in order to put the brakes on the seemingly unstoppable Palaniswami. He fielded senior counsels Guru Krishnakumar, PH Arvindh Pandian, and AK Sriram -- who made a vocal case for staying the general council meeting by playing up the procedural lapses and lack of authority of the office-bearers at the headquarters for convening the meeting. They also explained about a violation of the party byelaws in hurriedly convening the General Council meeting.

AIADMK partymen throng to the venue at a wedding hall in Vanagaram where the party GC meet is being held on July 11 in Chennai. (Photo | P Jawahar, EPS)
AIADMK partymen throng to the venue at a wedding hall in Vanagaram where the party GC meet is being held on July 11 in Chennai. (Photo | P Jawahar, EPS)

Vijay Narayan and SR Rajagopal, senior counsels appearing for Palaniswami, explained how the posts of coordinator and joint coordinator had lapsed after the election for both posts in December 2021 was not ratified in the June 23rd General Council meeting.

The counsels had also mentioned a precedent of headquarters office-bearers calling for a General Council meeting in the past when the key post of party general secretary had been vacant.

Vijay Narayan blamed Panneerselvam for ‘stifling’ the growth of the party and its internal democratic process and also charged him of dragging the legal tangle further only because he (Panneerselvam) saw no future in the party.

Referring to the fact that there was a lacuna (gap) of 15 days time for holding the GC meeting, the counsels said such incidents had occurred in the past, too.

Countering their arguments, Guru Krishnakumar, appearing for Panneerselvam, said these two office-bearers have conducted the party organisational polls and notified the same to the Election Commission of India. "When the general council, for which the coordinator and joint coordinator conducted the polls, still exists, how can the (sic) vacancy for the top posts alone be said to have lapsed?" he asked.

"There is distinction between ‘vacancy’ and ‘inability’. What we are seeing now is not vacancy of posts but inability to function as the notice for the GC meeting says", Krishnakumar submitted. Pointing out that there is no necessity for the GC to ratify their election of the top two posts, he said it is just “a formality of ministerial act.”

Arguments and counter arguments lasted for about six hours spread across two days.

Since the 16-point agenda for the meeting has been conveyed to members of the GC well in advance, they are likely to be moved as resolutions in the meeting. Apart from this, steps to remove Panneerselvam as the party’s treasurer since he “failed” in his duties for the post are likely to be initiated.

Of the 16 subjects proposed to be discussed, five are related to the AIADMK’s leadership.

Meanwhile, two groups of suspected AIADMK workers clashed outside the party headquarters here, police said.

On Monday, two groups, suspected to be supporters of either leaders and carrying AIADMK flags clashed with each other, with TV visuals showing some persons hurling stones at each other and some damaging vehicles parked nearby. Some persons reportedly sustained injuries. Few men were also seen forcing their way into the party office by breaking open the doors.

(With inputs from online desk and PTI)

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