Madras HC adjourns AIADMK case, final hearing on April 20

CHENNAI: The Madras High Court on Monday adjourned the final hearing to April 20 stating that no interim protection can be issued in four appeals moved by expelled AIADMK leaders O Panneerselvam, PH Manoj Pandian, R Vaithilingam and JCD Prabhakar challenging a single judge's refusal to stay AIADMK's July 11 general council meeting resolutions.

On March 28, a single judge of the court dismissed the interim applications moved by O Panneerselvam and his aides, paving the way for the AIADMK top brass to declare Edappadi K Palaniswami as general secretary of the party. Within minutes, O Panneerselvam moved a division bench of the court seeking an urgent hearing of the appeals against the single judge order.

Simultaneously, PH Manoj Pandian, R Vaithilingam and JCD Prabhakar also moved the division bench challenging single judge's refusal to stay July 11 general council meeting resolutions.

A division bench comprising Justices R Mahadevan and Mohammed Shaffiq on March 31 directed the parties to file their counter affidavits and said the decision whether any interim relief should be granted or not would be decided on April 3.

When this came up for hearing again before the division bench on Monday, the bench asked whether all the parties are in agreement to take up the appeals for final hearing and pass orders.

Responding to this, senior counsel PS Raman, representing O Panneerselvam, submitted that the party is currently inducting new members and the renewal applications of the supporters of plaintiff may be rejected and asked for an interim protection till then.

However, the bench said if an interim order is to be issued in the present scenario, then this will result the party into an incertitude situation and any decisions taken in the party at this period are bound by the final orders of these appeals.

Later, the bench adjourned the final hearing to April 20.

Earlier on March 31, AIADMK's expelled leader O Panneerselvam contended before the division bench of the Madras High Court that a single judge had erred in not interfering his expulsion, without any notice, despite knowing that there had been infraction of the party bylaws that mandate a prior notice of seven days.

He also contended that the single judge had failed to weigh the balance of convenience properly.

He challenged the single judge's refusal to injunct the party from implementing the other resolutions through which the posts of coordinator and joint coordinator were abolished, the post of general secretary was revived, to be elected by party members and a post of interim general secretary was created until the election.

Senior counsel PS Raman said that the expulsion was against the party bylaws and if the expulsion was wrong, then the procedures followed for the expulsion were also wrong and to protect the plaintiff right in the party, he should be given interim relief until the trial is over and urged the court to pass an interim protection.

A similar request was made on behalf of PH Manoj Pandian, R Vaithilingam and JCD Prabhakar.

Responding to this, Senior counsel Vijay Narayanan representing AIADMK, opposed the prayer for interim orders and said the posts of coordinator and joint coordinator were abolished and so the argument of plaintiffs having lapsed or need not be considered now.

"The general secretary election was conducted keeping in mind the parliamentary elections. While a candidate needs to get the support of at least 10 district secretaries to contest the general secretary election, the plaintiff does not even have 5 percent support in the party. The AIADMK MLAs were unable to discuss anything in the house because the Speaker had not even changed the seating arrangement of O Panneerselvam and other expelled MLAs. The party is contemplating filing a case against the Tamil Nadu Legislative Assembly Speaker M Appavu since he has not taken any call on the party's request to not consider O Panneerselvam and other expelled MLAs as AIADMK MLAs, " counsel Vijay Narayanan pointed out before the bench.