Decks cleared for EPS’s elevation
HC refuses to interfere in AIADMK GC meeting
CHENNAI: Clearing the decks for AIADMK joint coordinator Edappadi Palaniswami’s elevation as the general secretary of the party despite spirited attempts by coordinator O Panneerselvam, the Madras High Court on Wednesday refused to pass any direction against holding the general council meeting on Thursday or amending the bye-laws to pave way for the elevation.
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“It is for the GC and its members to decide and pass resolutions, and this court cannot interfere with the process of conducting the GC meeting. Therefore, this court is not inclined to pass any interim orders/directions, except making it clear that the GC meet which is scheduled to be held on June 23 shall go on,” said Justice Krishnan Ramasamy in the order.
The judge held that it was well settled that the court normally does not interfere in matters of internal issues of an association or party.
“Courts will leave it open to the association/party and its members to pass resolutions dismissing particular bye-law, rule or regulation for better administration of the party. Since any decision comes forth among the members of the General Council, it is well within their collective wisdom and this court cannot insist the members act upon in a particular manner,” the judge added.
The court delivered the order after rejecting the pleas by AIADMK members, including N Thanikachalam, B Ramkumar Adityan, Suren Palanisamy, and general council member Shanmugam, who sought for a direction restricting AIADMK and its coordinators from conducting the GC meet and passing a special resolution to amend the party bye-laws.
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Appearing for AIADMK coordinator O Panneerselvam, senior counsel PH Aravindh Pandian submitted that no resolution in respect of any amendment of bye-laws should be passed without due process. According to him, as per Rule 20-A, the coordinator and joint coordinator were elected through the GC meet in December 2021, and the same was valid for the next five years. Thus, it was unnecessary to amend the bye-laws now, he added.
Meanwhile, Edappadi Palaniswami’s counsel senior advocate S Vijay Narayan submitted that no agenda was circulated when the general secretary position was abolished and coordinator and joint coordinator positions were created in 2017 in a GC meet. The agenda was put forth only during the meeting, he pointed out.
“As per the wishes of the GC members, any resolution can be passed on the floor of the meeting and it is for the GC to consider or reject the same,” he submitted.
Recording the submissions, the judge held that he could not pass any interim injunction against the GC meet and directed the respondents to file a response on July 11.