HC set back on Two Leaves to mount pressure on OPS to contest on BJP’s Lotus symbol

CHENNAI: In a major setback for ousted AIADMK leader O Panneerselvam, the Madras High Court restrained him from using the party's symbol, flag and letterhead as sought by his rival and party chief Edappadi K Palaniswami.

This will have a bearing on OPS’s oft-repeated plan to contest the coming Lok Sabha election on the AIADMK’s Two-Leaves symbol, and it will further compound the pressure exerted by the Centre-ruling BJP to field candidates from his faction on its Lotus symbol. Sources said OPS has been resisting this, knowing well that contesting on the BJP symbol would mean losing his claim to be the leader of AIADMK.

Justice N Sathish Kumar restrained him from claiming to be the coordinator of AIADMK while disposing of the plea preferred by EPS to restrain OPS from interfering in party affairs.

Appearing for EPS, senior counsel Vijay Narayan submitted that the coordinator post was abolished by the party and wondered how an outsider, who is not even a primary member of the party, could claim a post in the outfit.

As all political parties are engrossed in preparations ahead of the Parliament election, OPS's claim creates ambiguity within the cadre, submitted the counsel. He added that OPS even dismissed the district secretaries of the party using official letterhead, though he has no position or even membership in AIADMK.

The Election Commission of India has recognised and registered the AIADMK. Hence, OPS's claims lack legality, the counsel added.

Countering this, senior counsel and a leader in the OPS camp, PH Arvind Pandian, submitted that there was no material placed before the court that OPS was directly interfering in the party affairs. “We are not on the trademark infringement; my client claims himself as the coordinator of the party, so there is no problem with the plaintiff approaching this court,” he contended.

However, the court rejected the argument and restrained OPS from using the AIADMK’s flag, symbol or letterhead.

Palaniswami had moved the High Court seeking a permanent injunction restraining OPS from using the party symbol, flag, and official letterhead. EPS pointed out that the Election Commission recognised them under clause 15 of the Election Symbols (Reservation and Allotments) Order, 1968. Also, the court, too, had finalised OPS’s expulsion from the party. Hence, OPS does not hold any legality to using the party name, symbol, flag, or letterhead, EPS contended.