Ban on use of AIADMK flag: Order reserved in OPS appeal

Advancing arguments on behalf of OPS, senior counsel PH Aravindh Pandian contended that the single judge’s interim order is flawed as it did not explain any findings.
O Panneerselvam
O Panneerselvam

CHENNAI: The Madras High Court on Thursday reserved order in the appeal filed by O Panneerselvam challenging the interim order of a single judge restraining him from using the AIADMK flag, symbol and letterhead, besides claiming to be the coordinator of the party. After counsels from both sides completed their arguments, the division bench of justices R Mahadevan and Mohammed Shaffiq reserved the orders.

Advancing arguments on behalf of OPS, senior counsel PH Aravindh Pandian contended that the single judge’s interim order is flawed as it did not explain any findings. He said the judge had also failed to take into account the tripod test whether the plaintiff, Edappadi K Palaniswami, made out a prima facie case, if the balance of convenience is in his favour or irreparable injury would be caused.

He also submitted that the original suit challenging the special resolution to expel OPS and his supporters from the party is pending and therefore an interim injunction cannot be granted on a petition filed by EPS.
Senior counsel Abdul Saleem, also appearing for OPS, stated that AIADMK has three types of flags and questioned which flag EPS want to restrain OPS from using. 

However, rebuffing their arguments, senior counsel Vijay Narayan representing EPS, said OPS has no followers as claimed. “I am not at all bothered about the nameless and faceless followers but only about OPS, because he is still claiming to be coordinator and expelling party leaders including the general secretary.”

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