NEW DELHI/CHENNAI: Ahead of the by-election to the Erode East Assembly constituency in Tamil Nadu, the Supreme Court on Friday, by way of an interim arrangement, asked the AIADMK’s General Council (GC) to decide on the candidate to be fielded in the bypoll and allowed three expelled members, including O Panneerselvam, to participate in the meeting.
The court stressed the interim nature of the arrangement, stating it shall not confer or take away any other rights of the parties.
The bench of Justices Dinesh Maheshwari and Hrishikesh Roy, while directing GC to decide on the party’s candidate by way of circulation, told the party’s praesidium chairman Tamil Magan Hussain to convey the GC’s decision to the Election Commission of India (ECI). Effectively, the AIADMK factions have three days to elicit the views of the GC members on the candidate and convey the decision to the ECI by February 7, the last date for the withdrawal of candidates for the poll.
“In this regard without prejudice to rights of parties and without conferring any other rights, it is considered appropriate and provided as thus agreed to by the counsel for Edappadi K Palaniswami (EPS) that the proposal for filing the candidate shall be put before consideration... The decision-making process may be taken up by putting the necessary resolution for circulation. During the process of decision-making, the expulsion shall not operate so far as the present purpose. In other words, the three persons can put forth their views too for a limited purpose. The ultimate decision of the GC shall be conveyed to ECI by the praesidium chairman,” the court said in its order.
Noting that the bench had reserved its verdict in the plea filed by OPS against a Madras High Court order upholding EPS’ appointment as interim general secretary of the party, the SC made it clear “this interim arrangement shall have no bearing whatsoever and shall not be conferring any other rights and taking rights of parties and will be only for the process of the by-election and not beyond.”
‘Big chance to prove EPS has majority support in general body’
During the hearing, the bench while expressing concerns about the party being completely unrepresented in the elections due to the dispute, said, “This party cannot be allowed to go absolutely unrepresented. The party is not dissolved. Today they are fighting.
Tomorrow they may be together, we never know.” AIADMK spokesperson Kovai Satyan told TNIE the verdict is a blessing to EPS. “It is a big opportunity to prove that EPS has majority support in the AIADMK GC. Besides, now as per the SC verdict, OPS has to withdraw his candidate and if he proposes his name in the GC meeting and it is defeated by the majority, that would be a big embarrassment for OPS,” he said, adding the GC meeting will be held with the GC members as done on June 23, 2022.
He pointed out that EPS had already submitted affidavits of GC members supporting him; he has the backing of more than 98% of the members. Listing aspects in the verdict favourable to EPS, AIADMK legal wing functionary IS Inbadurai, said firstly, the ‘Two Leaves’ symbol had not been frozen. “Secondly, there is no need for OPS’s signature in the election forms and thirdly, AIADMK praesidium chairman Tamil Magan Hussain would sign the A and B election forms.”
Speaking to reporters after the SC hearing in New Delhi, former minister CVe Shanmugam said as there is no time to convene the GC, support for the candidate could be conveyed through a circular and the details of the candidate with majority support from GC members intimated to the ECI. Based on this report, the ECI would allocate the ‘Two Leaves’ symbol to the AIADMK candidate.
The SC’s order came on a plea filed by EPS seeking a direction to the ECI to take on record his appointment as interim general secretary and the abolishment of the coordinator post held by OPS. During the hearing, senior advocate Gurukrishna Kumar for OPS had submitted that OPS was ready to withdraw the candidate nominated by him, provided the final candidate was supported jointly by EPS and OPS.
Meanwhile, Parag P Tripathi, appearing for the ECI, told the court the commission would await the SC’s ruling on OPS’ challenge to the July 11 GC meeting.
Team EPS says order a blessing
AIADMK spokesperson Kovai Satyan said the verdict is a blessing to EPS. “It is a big opportunity to prove EPS has majority support in the GC. Besides, as per the SC order, OPS has to withdraw his candidate,” he said.