Big win for EPS: SC allows AIADMK to pass resolutions, hold GC meet

CHENNAI: As a huge relief to former Chief Minister, Edappadi K Palaniswami, the Supreme Court set aside the Madras High Court’s June 23 interim ruling that directed the AIADMK not to make changes to the party bye-laws.

Edappadi K Palaniswami maintained that the Madras HC interfering in the intraparty affairs were legally untenable. However, O Panneerselvam made a representation saying that it wasn't incorrect to seek judicial solution for party matters.

The vacation bench led by Justices Dinesh Maheshwari and Krishna Murari asked why did Palaniswami and Panneerselvam approach the court as it was the party's affair and could have been sorted out within themselves.

"Why should the matters be decided in a judicial forum instead of the general council," SC asked.

The bench observed that the courts cannot interfere in the functioning of a political party.

Representing Palaniswami, advocate CS Vaidyanathan submitted that the contempt petitions initiated by the O Panneerselvam supporters is "an attempt to stop the internal democracy of the party."

Setting aside Madras High Court's June 23 direction, the Supreme Court said the July 11 general council meeting can happen in accordance to the law.

To the uninitiated, differences surfaced in the AIADMK after calls for single leadership arose in the meeting with the district secretaries on June 14. Palaniswami enjoyed a huge support among them and his camp argued that the single leadership is the only solution for the smooth functioning of the party.

The O Panneerselvam faction, however, groused that this move is a ploy to sideline him, and urged the dual-leadership system to continue. Having almost the whole of general council behind him, Palaniswami was poised to become the general secretary of the AIADMK in its general council meeting held in Chennai's Vanagaram on June 23. As a twist in the tale, Panneerselvam sought the court's intervention and succeeded in getting an interim relief in a midnight hearing, on June 22, by Justices Sunder Mohan and Duraiswamy. The bench directed the party not to adopt any resolution other than the 23 signed by Panneerselvam, and also not to carry any amendments to the party bye-laws.

In the June 23 meeting, none of the 23 resolutions were adopted, instead the demand for a single leadership gained more support. The meeting also witnessed a strong anti-OPS sentiment. AIADMK's veteran leader Tamil Magan Hussain was made the presidium chairman of the party, who then announced the regathering of the general council on July 11. Calling this a contravention to the Madras HC ruling, team OPS initiated contempt petitions.

As a snub to Panneerselvam, a division bench of Madras High Court refused to entertain a contempt petition filed by an OPS supporter M Shanmugam of Tirupur.

With all decks cleared to conduct the AIADMK's general council meeting, Palaniswami is poised to take the mantle of the party.

A total of 16 resolutions are expected to be adopted in the July 11 meeting. Decision to make EPS the party's 'interim general secretary' would be made in the meeting following which arrangements would be made to elect the party's general secretary. Riding high on the overwhelming support in the party, Palaniswami may take the single-leadership route after founder MGR and former Chief Minister J Jayalalithaa.