CHENNAI: In a big boost to the Edappadi K Palaniswami led camp in the AIADMK to bring back the unitary leadership, the Madras High Court on Wednesday refused to stay the conduct of the party's general council meeting scheduled for June 23 at Vanagaram in the suburbs of Chennai.
Justice Krishnan Ramasamy also refused to stay the meeting and also stated that the court cannot intervene in the conduct of the general council meeting and amending the bylaws. The order was passed at night after about three hours of intense arguments.
The jam-packed court hall witnessed heated arguments from the sides of Panneerselvam, Palaniswami and the petitioners. A battery of seniors G Rajagopal, PS Raman and NGR Prasad represented the petitioners including Ramkumar Adityan while PH Arvindh Pandian for AIADMK coordinator O Panneerselvam and Vijay Narayan and GR Rajagopal for joint coordinator Edappadi K Palaniswami engaged in intense arguments.
The counsels for the petitioners contended that the post of coordinator and joint coordinator cannot be done away with at will because as per the amended bylaws the tenure of these posts is five years. The two key office-bearers were elected only in December last year.
They also pointed out that after taking an avowed stand that late leader Jayalalithaa would be the 'eternal general secretary' and affirming this in Delhi High Court in a case, they can't amend the relevant rules of the party to restore the post as per their wish by abolishing the posts of coordinator and joint coordinator.
Moreover, the party's bylaws have been devised in such a way that they do not allow tinkering with the election of the general secretary voted by the primary members of the party. PS Raman stated that the bylaw on election of the general secretary cannot be altered.
"This Court, cannot imagine what would be going to take place during the General Council Meeting held on 23.06.2022 and issue interim orders/directions in advance. In fact, it is well settled that in matter of internal issues of an association/Party, the Courts normally do not interfere, leaving it open to the association/party and its members to pass resolutions and frame a particular bye-law, rule or regulation for better administration of the Party since any decision comes forth among the Members of the General Council, it is well within their collective wisdom and this Court cannot insist the Members to act upon in a particular manner," it said.
Arvindh Pandian wanted the court to ensure that none other than the 23 approved resolutions be passed at the general council meeting. However, Vijay Narayan sought to negate the contention saying that permission from none is required for adopting resolutions or amending the party bylaws.
He said that if members of the general council sought to bring in amendments it can be done with overwhelming support. He also said amending the bylaws of the party is a democratic process and it should not be stalled and the contentions of the other side on the proposed amendment are 'purely in a realm of speculation'.
Meanwhile, the XXIII city civil court in Chennai has dismissed a petition filed by Balakrishnan, an AIADMK party member from Perundurai in Erode, seeking to stay the conduct of the general council.