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The Supreme Court has agreed to hear a plea challenging the order of a Division Bench of the Madras High Court whereby it had prevented the All India Anna Dravida Munnetra Kazhagam (AIADMK) party from taking decisions on internal party affairs.

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

Single judge bench of Justice Krishnan Ramasamy had refused to restrain the party from amending its byelaws 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 byelaws. 

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

A notification calling for conducting a General Council Meeting of the AIADMK Party on June 23, 2022 was issued on June 2. M Shanmugham, a member of the General Council of the AIADMK, opposed the conduct of the meeting on the ground that no agenda papers had been circulated. 

"..... Division Bench has effectively granted an injunction against the exercise of rights by General Council members thereby interfering with the internal democratic process of a political party. The General Council being the Supreme body under the Rules and Regulations of the AIADMK party was prevented from taking decisions on internal party affairs", the SLP submitted.

It has been further alleged that the Division bench never provided Thiru K Palaniswamy, Co-convenor of AIADMK and former CM of Tamil Nadu, an opportunity to file any pleadings or documents in support of his case.

The SLP added that the Division Bench ought not to have entertained the appeal solely on the ground of maintainability alone as the impugned order was merely a discretionary order of refusal of grant of ad-interim injunction and the same was not an appealable order or “judgment” under Clause 15 of the Letters Patent.

Case Title: Thiru K Palaniswamy vs. M. Shanmugam & Ors.