[AIADMK row] Madras High Court reserves verdict on appeal preferred by Palaniswami challenging order in favour of Panneerselvam

A division bench of Madras High Court on Thursday reserved its verdict on appeal preferred against the order passed by a single judge bench on August 17 to maintain status quo ante in All India Anna Dravida Munnetra Kazhagam (AIADMK) as on June 23, the Hindu reported.

The bench of Justices M. Duraiswamy and Sunder Mohan was hearing an appeal preferred by Edappadi K Palaniswami (EPS).

Palaniswami challenged the single judge bench order whereby in an ongoing civil suit, the interim applications filed by then ousted leader O Panneerselvam (OPS) and general council member Vairamuthu challenging the General Council (GC) meeting of the party conducted by the other group led by interim general secretary Palaniswami on July 11, 2022 were allowed.

The single judge bench of Justice G Jayachandran had directed to conduct a fresh general council meeting of the party while ordering the status quo as it existed on June 23 before the general council meet of July 11.

The GC meeting held on July 11, 2022, had ‘expelled’ Panneerselvam and some of his supporters from the party. The GC had also elected Palaniswami to be the interim secretary of the party. The developments took place in the wake of the power struggle between the two leaders.

It is to be noted that Panneerselvam's claim before the single judge bench was the second round of litigation pertaining to the same issue. Earlier, Panneerselvam had approached the Madras High Court for the stay of the conduct of the July 11 GC meeting.

In that matter, the High Court had held that in case of difference among the members of the party, the majority will decide the issue. Court had opined that when a majority exercises its powers in relation to a party’s internal administration, the court will not be in a position to interfere with the decision. The court had described it as a “no-go area.”

Upon that order being pronounced, the general council meeting went on as per schedule on July 11 and former Chief Minister E.Palanisamy was elected as the interim general secretary of AIADMK against which Panneerselvam moved the high court, later on.

This issue also reached Supreme Court, where a bench headed by Chief Justice of India Justice NV Ramana directed the Madras High Court to reconsider and decide Paneerselvam’s plea within a certain stipulated time.

Case Title: E Palaniswamy v. O Paneerselvam and others