CHENNAI: Holding that a prima facie case is made out in favour of AIADMK leader Edappadi K Palaniswamy, the Madras High Court on Tuesday said if the court issues a stay order, it would affect the functioning of the party which has over 1.55 crore primary members. The court however said that the legality of removing OPS and his supporters from the party should be decided only on the civil suits which are pending.
Rejecting the interim applications filed by O Panneerselvam and his supporters, who sought a stay on the conduct of the general secretary elections, Justice K Kumaresh Babu gave a stamp of approval to the amendment of the party’s bylaw which paved the way for abolishing the posts of coordinator and joint coordinator, electing Palaniswami as interim general secretary and reviving the general secretary’s post in July 11, 2022, general council meeting.
“As I already found that there is prima facie case in favour of the respondents (EPS camp) in amending the bylaws and if the election to the post of general secretary is sought to be injuncted, then it would affect the functioning of the party which was recognised by the election commission of India,” he said in the 85-page order.
Finding no prima facie case in favour of OPS and his three supporters, the judge observed, “I find that if the injunction as prayed for is granted, irreparable injury would be caused to the first respondent (EPS) as it would affect the functioning of the political party which has over 1.55 crore primary members.”
He also disagreed with the contention of OPS camp that neither the high court nor the Supreme Court had given any finding on the issue of lapse of coordinator and joint coordinator posts, and so, it is assumed such posts exist and if the elections are held, it would take away their rights.
Referring to the contention of changing the bylaws through a resolution in the July 11 general council meeting was against the “basic structure” of the party, the judge said the Supreme Court had held valid the July 11 meeting.
He held that the resolutions passed at the general council meeting with the support of 2,460 members out of 2,665 members are also valid. The judge also held that the contention of OPS camp that the post of interim general secretary did not exist in the party and it was created only to benefit EPS is without any merit.