Madras HC sets aside civil court order against EPS over his election as AIADMK general secretary

Under AIADMK bylaws, the general secretary must be elected by primary members; EPS did not confirm this, creating a triable issue in the civil court case.
Madras High Court
Madras High Court(File photo | Express)
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CHENNAI: In a shot in the arm to AIADMK general secretary Edappadi K Palaniswami, the Madras High Court on Thursday set aside the order of a civil court regarding a challenge to his election to the party’s top post in 2022.

The Fourth Assistant City Civil Court, Chennai, in an order of July 31, 2025, had dismissed the application filed by EPS praying for rejection of the plaint filed in 2022 by S Suriyamoorthy of Dindigul. Suriyamoorthy had challenged the election of EPS as general secretary by the general council instead of the primary members.

Disapproving of EPS’s contentions that Suriyamoorthy was no longer a member of the party and had violated party rules by contesting on behalf of another party, the MGR Makkal Katchi, in the 2021 polls, the Civil Court said whether he continued as a member would be decided during the trial of the plaint, not in the rejection application.

The Civil Court judge had also stated that whether there was a cause of action could only be determined based on the plaint’s allegations. Upon examining the plaint, the judge noted that a cause of action existed.

As per Rules 43 and 20 of the AIADMK bylaw, the general secretary should be elected by the primary members. EPS had not stated that he was elected per Rule 43 r/20(2) of the bylaw, indicating a triable issue.

EPS moved the High Court challenging the Civil Court order and sought the rejection of Suriyamoorthy’s plaint.

Justice P B Balaji allowed his petitions, set aside the July 31, 2025 Civil Court order, and rejected Suriyamoorthy’s plaint questioning the legality of EPS’s election as general secretary by the general council members instead of the primary members.

Senior counsel Vijay Narayan, assisted by K. Gowthamkumar, represented Edappadi K. Palaniswami and AIADMK, while advocate M. Velmurugan appeared for Suriyamoorthy.

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