SC upholds Madras HC order allowing EPS to continue to as AIADMK Gen Secy (Lead)

New Delhi, Feb 23 (IANS) In a huge setback to rival party leader O. Paneerselvam (OPS) in the long-drawn-out tussle over the AIADMK’s leadership, the Supreme Court on Thursday affirmed the Madras High Court decision allowing former Tamil Nadu Chief Minister K. Palaniswami (EPS) to continue as the party’s interim General Secretary.

A bench of Justices Dinesh Maheshwari and Hrishikesh Roy said it has upheld the Madras High Court division bench order passed on September 2, 2022, and made its earlier interim order permanent. The apex court dismissed Panneerselvam’s challenge and allowed Palaniswami to continue as interim general secretary of the party.

The top court observed that the division bench of the High Court has rightly observed that as a general rule, it cannot be laid down that the requisitionists have no option but only to go to the court if the meeting is not convened.

In its 80-page judgment, the bench noted that it has also been pointed out that in the past, when the interim General Secretary could not act in 2017, the office bearers stepped in and convened the meeting based on a requisition received. “The present situation too, where the position as occupied earlier by the General Secretary was assigned to the Co-ordinator and the Joint Co-ordinator in their jointness and it remains beyond a shadow of doubt that Co-ordinator and the Joint Co-ordinator do not stand in jointness and cannot act jointly, is akin to the situation when the apex position holder was not in a position to act,” it added.

Justice Maheshwari, who authored the judgment on behalf of the bench, said: “Obviously, a workable solution was to be found; and when the solution as found and applied, does not otherwise appear offending the spirit of byelaws as also the norms of functioning of an association or a party, it cannot be said that declaration of the Presidium Chairman for the meeting of the General Council on July 11, 2022 and the follow-up notice by the Office Bearers at the party headquarters had been wholly unauthorised.”

The apex court also made absolute its July 6, 2022 interim order which had stayed the high court order, which restrained the passing of resolutions in AIADMK general council meeting and executive councils in connection with the single leadership of the party. “In the present case, when the General Council is shown to be the apex body of the party, taking any exception to the meeting of the General Council could have neither been countenanced nor interfered with by way of temporary injunction,” said the bench.

The top court clarified that it has not dealt with the matter of resolutions before the party that were being heard by the single judge’s bench. “We have not found it necessary to deal with any of the impleadment applications moved in these matters and we would leave it open for all such applicants also to take recourse to appropriate remedy in accordance with law, in case of any legal grievance existing with a right to seek relief in the appropriate forum,” said the bench.

–IANS
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New Delhi, Feb 23 (IANS) In a huge setback to rival party leader O. Paneerselvam (OPS) in the long-drawn-out tussle over the AIADMK’s leadership, the Supreme Court on Thursday affirmed the Madras High Court decision allowing former Tamil Nadu Chief Minister K. Palaniswami (EPS) to continue as the party’s interim General Secretary.A bench of Justices Dinesh Maheshwari and Hrishikesh Roy said it has upheld the Madras High Court division bench order passed on September 2, 2022, and made its earlier interim order permanent. The apex court dismissed Panneerselvam’s challenge and allowed Palaniswami to continue as interim general secretary of the party.The top court observed that the division bench of the High Court has rightly observed that as a general rule, it cannot be laid down that the requisitionists have no option but only to go to the court if the meeting is not convened.In its 80-page judgment, the bench noted that it has also been pointed out that in the past, when the interim General Secretary could not act in 2017, the office bearers stepped in and convened the meeting based on a requisition received. “The present situation too, where the position as occupied earlier by the General Secretary was assigned to the Co-ordinator and the Joint Co-ordinator in their jointness and it remains beyond a shadow of doubt that Co-ordinator and the Joint Co-ordinator do not stand in jointness and cannot act jointly, is akin to the situation when the apex position holder was not in a position to act,” it added.Justice Maheshwari, who authored the judgment on behalf of the bench, said: “Obviously, a workable solution was to be found; and when the solution as found and applied, does not otherwise appear offending the spirit of byelaws as also the norms of functioning of an association or a party, it cannot be said that declaration of the Presidium Chairman for the meeting of the General Council on July 11, 2022 and the follow-up notice by the Office Bearers at the party headquarters had been wholly unauthorised.”The apex court also made absolute its July 6, 2022 interim order which had stayed the high court order, which restrained the passing of resolutions in AIADMK general council meeting and executive councils in connection with the single leadership of the party. “In the present case, when the General Council is shown to be the apex body of the party, taking any exception to the meeting of the General Council could have neither been countenanced nor interfered with by way of temporary injunction,” said the bench.The top court clarified that it has not dealt with the matter of resolutions before the party that were being heard by the single judge’s bench. “We have not found it necessary to deal with any of the impleadment applications moved in these matters and we would leave it open for all such applicants also to take recourse to appropriate remedy in accordance with law, in case of any legal grievance existing with a right to seek relief in the appropriate forum,” said the bench.–IANSss/vd