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Synopsis

Justice Krishnan Ramaswamy of Madras High Court has rejected the plea by AIADMK leader and former coordinator O Panneerselvam seeking a stay on the general council meeting of the Party. The judge, pronounced the order at 9 AM this morning.

The judge has held that in case of difference among the members of the party, the majority will decide the issue. It has been held that when a majority exercises its powers in relation to party’s internal administration, the court will not be in a position to interfere with the decision. The court described it as a “no-go area."

Court observed that the authority to frame or amend the bye-laws solely vests with the general council of the party. Thus concluding that the bye-laws could be framed by the general council, and grievances arising from the same need to be addressed by the General Council.

Last week, the Supreme Court bench of Justices Dinesh Maheshwari and Krishna Murari stayed the order of Madras High Court restraining the All India Anna Dravida Munnetra Kazhagam general council from amending bye-laws pertaining to unitary leadership.

A Division Bench of Justice Doraiswamy and Justice Sundar Mohan which heard the matter well past midnight on June 22-23 had reversed an order of the single judge bench refusing to prevent the party from making any amendments to its bye-laws. 

The Single judge bench of Justice Krishnan Ramasamy had refused to restrain the party from amending its bye-laws observing that it was a settled principle that courts could not interfere in the internal affairs of a party/association, which had complete autonomy to pass resolutions and amend its bye-laws. 

In the SLP filed before the Top Court, it was alleged that the division bench had erroneously interfered with the internal working mechanism of AIADMK.

Upon the order being pronounced, former Chief Minister E.Palanisamy was elected as the interim general secretary of All India Anna Dravida Munnetra Kazhagam.