Can’t interfere in AIADMK’s July 11 GC meeting: Madras HC

While hearing the division bench along with Justice Sunder Mohan, Justice M Duraiswamy, the senior-most judge of Madras HC after the Chief Justice, made this observation.

Update: 2022-07-04 14:24 GMT
Madras High Court

CHENNAI: A division bench of Madras High Court on Monday refused to entertain a petition filed by an AIADMK member seeking direction to restrain former CM and AIADMK joint coordinator Edappadi K Palaniswamy’s faction from holding the party's general council meeting on July 11.

While hearing the division bench along with Justice Sunder Mohan, Justice M Duraiswamy, the senior-most judge of Madras HC after the Chief Justice, made this observation.

“The court cannot intervene with the fresh general council meeting of the AIADMK scheduled on July 11. The petitioner shall approach the single judge on this issue, ” the bench observed on hearing a contempt plea by M Shanmugam from Tirupur district.

The petitioner said that Palaniswami should be booked under contempt of court for bringing a special resolution in the June 23 GC meeting promoting Tamil Magan Hussian as the presidium chairman of the AIADMK.

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“The Madras HC allowed the GC meeting to pass only 23 pre-approved resolutions. However, the Palaniswamy announced a special resolution to appoint Tamil Magan Hussian as the presidium chairman. Former Ministers C Ve Shanmugam, D Jayakumar, and Dindigul Srinivasan had seconded the resolution. The act of EPS and others are contemptuous, ” the petitioner submitted through his advocate Sri Ram.

The petitioner who wanted an injunction restraining EPS from conducting a general council meeting on July 11 had informed the court that since the appointment of Tamil Magan Hussain itself is illegal, he could not call for a general council meeting.

Senior Counsel Arvind Pandian representing AIADMK coordinator O Panneerselvam submitted that Tamil Magan Hussain was made as the temporary presidium chairman by the coordinator and joint coordinator of AIADMK. Therefore, the joint coordinator himself cannot bring a resolution to appoint Hussain as the presidium chairman.

Reacting to the submissions, the bench asked who could call/head for a general council meeting other than the presidium chairman.

“The direction which was given by the court on June 23 is only applicable for the June 23 GC meeting and the same direction cannot be passed by the court for the July 11 general council meeting, ” the court observed.

Senior Advocate Vijay Narayan, appearing for the EPS submitted that the original case was filed by the petitioner as he anticipated that the general council meeting would pass any resolution against O Panneerselvam. Recording the submissions, the judges directed the litigant to approach the single judge for stalling the GC meeting. The court further adjourned the matter to July 7 observing that it will hear only the contempt petition.

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