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The bench was hearing a plea by All India Anna Dravida Munnetra Kazhagam (AIADMK) leader and former coordinator O Panneerselvam, challenging the order of Madras High Court rejecting his plea seeking a stay on the general council meeting of the Party held on July 11, 2022.
A Supreme Court bench headed by Chief Justice of India Justice NV Ramana today directed the Madras High Court to reconsider and decide within 3 weeks a plea challenging an order of the High Court order refusing to put a stay on the general council meeting of All India Anna Dravida Munnetra Kazhagam (AIADMK) held on July 11, 2022.
The plea has been filed by AIADMK leader and former coordinator O Panneerselvam, challenging the order of the Madras High Court.
The bench, also consisting of Justice Krishna Murari and Justice Hima Kohli, has further directed the political party to maintain the status quo and refrain from passing any resolution.
The order has been passed in a plea challenging the Madras High Court order which had rejected the prayer seeking a direction to stay the General Council Meeting of AIADMK.
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."
Court had, moreover, observed that the authority to frame or amend the bye-laws solely vests with the general council of the party and had, thus, concluded that the bye-laws could be framed by the general council, and grievances arising from the same needed to be addressed by the General Council.
Upon the 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.
Today, Senior Advocate Gurukrishna Kumar, appearing for Panneerselvam, argued that some extreme decisions have been taken and he has been expelled. "They also removed him from the post of treasurer, Kumar apprised the Court.
However, the bench said that the first suit has become infructuous and the top court can't restore everything. "The court can fix a time schedule and let the High Court decide the matter," the bench held.
The bench further ordered that "in such time when the High Court hears the matter, status quo has to be maintained by the parties."
Case title: O.Paneerselvam Vs AIADMAK
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