CHENNAI: The Madras HC has said it will compare the 1972 constitution of the AIADMK with the amendments made in 2022, which enabled Edappadi K Palaniswami to become the general secretary of the party, before deciding an appeal filed against the leave granted for two party men to file civil suits regarding internal disputes, particularly against the resolutions passed in the July 11, 2022, general council.
A division bench of justices Anita Sumanth and N Senthilkumar recently sought the original constitution of AIADMK as stood on December 17, 1972.
The bench required the document in connection with the appeal filed by Palaniswami challenging a single judge’s order dated April 26, 2022. The single judge, by his order, granted leave to advocate Ramkumar Adityan and Suren Palaniswamy, son of ex-MP KC Palanisamy, to file a civil suit representing the primary members of the party praying for declaring null and void the resolutions passed on July 11, 2022, in the general council to amend the bylaws to bring back the post of general secretary which was abolished after the death of party supremo J Jayalalithaa. EPS had submitted that the single judge should not have granted leave for filing the civil suit as it had become infructuous following various orders of the High Court and the Supreme Court, which had not interfered with the resolutions, effecting the election of the general secretary.
He also told the court, by amending the constitution, the general secretary post was brought back through election, thereby restoring the original constitution which provided for election of general secretary by the primary members. However, the respondents submitted that the general secretary should have been elected directly by the primary members as provided for in the original constitution and not by the general council. The bench has posted the matters to July 17 for further arguments.