EPS gets AIADMK headquarters' key, police protection to stay: HC

CHENNAI: Observing that the order passed by the Revenue Divisional Officer (RDO) under Section 145 and 146 (1) of CrPC to lock and seal the AIADMK headquarters suffers from non-application of mind, the Madras High Court quashed the order and directed the authorities to hand over the keys of the building to Edappadi K Palaniswami, calling him as the interim general secretary of the party.

“The preliminary inquiry did not reflect the application of mind as to who was in possession or none of them are in possession, or she/RDO was not able to find who was in possession. Only in such a scenario, the question of attachment could be passed. Without doing so, mechanical order attaching the property of the headquarters of the prime opposition party of the state will strike the very democratic process and will amount to oppression, ” Justice N Sathish Kumar held on fully allowing the plea of EPS and partly allowing the suit filed by O Panneerselvam.

EPS and OPS challenged the move of RDO to lock and seal the AIADMK head office and claim right over the party headquarters.

The judge directed the police to ensure proper bandobast and protection to the building round the clock. “Considering the overall situation 'A' party / EPS is directed not to permit any cadres or supporters to the building for a period of one month from today, ” the judge held.

While rejecting the OPS’s submissions for claiming right over the building, the court held that "OPS by entering the AIADMK headquarters on July 11 with his men carrying weapons and creating a warlike situation by breaking open the door of the building which was kept under lock and key by another side is nothing but mere trespass.”

“When any member of any association or party against whom a majority has already taken a decision. Without such a decision being challenged or nullified, the decision of the majority will prevail, ” the judge said, adding, “that any person said to have been expelled from primary membership cannot claim an absolute right to treat it as a dispute with regard to the property of the political party which does not belong to any of the individuals.”

The court also noted that police did not prevent OPS and his supporters from entering the AIADMK headquarters on July 11. The judge noted that both EPS and OPS have not bothered about the law and order problem.

Security beefed up at AIADMK party headquarters and a few EPS supporters & cadres were seen celebrating the verdict by shouting EPS' name and distributing sweets to the public.

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The judge also pointed out that AIADMK leader D Jayakumar’s representation before the police on June 26 seeking bandobast for the AIADMK headquarters on the day of the GC meeting is showing that the party office was under the control and possession of EPS.

“As per Rule 26 of the Bye-law of the party placed on record shows that one of the Secretaries of the Central Organisation nominated by the General Secretary will be in charge of the headquarters office. In such a view of the matter without making an inquiry under Section 145 CrPC as to who was in actual possession on the date of preliminary order. Passing the order under Section 145 CrPC forming the opinion is bad in law, ” Justice Sathish Kumar held.

Meanwhile, OPS’s advocate Tirumaran told the media that this order is a fit case for appeal before the Supreme Court.