Madras HC reserves final order of OPS' appeal

CHENNAI: The Madras High Court (MHC) on Thursday reserved the final orders of the appeal filed by O Panneerselvam (OPS) challenging the interim injunction of a single judge's order restraining him from using the AIADMK symbol, flag and letterhead.

A division bench of the MHC comprising Justice R Mahadevan and Justice Mohammed Shaffiq reserved their final order without mentioning any date after hearing both sides' arguments.

Senior counsel Arvindh Pandian for OPS contended that the single judge granted the interim injunction on the basis of his predecessor's order which is not acceptable. The counsel also said that he is not attacking the merits of the single judge's order, but it is appealable. Further, he argued that the interim injunction is granted without finding any prima facie and without any reason. The counsel sought to set aside the interim injunction.

Another counsel Abdul Saleem appeared for OPS contended that the main suit filed by Edappadi K Palaniswami (EPS) against his client is not maintainable. AIADMK used three sorts of flags. The first --- Dravidian leader Anna pointing his finger, second one with the two leaves symbol and the third one with a hammer. In his suit EPS has not described which one is the official flag of AIADMK, it creates confusion, said the counsel.

The interim injunction restrains OPS and his supporters from using the flag, but the followers of OPS followers, who are primary members of AIADMK use the party's flag and posses tattoos of party symbol. Hence this interim injunction is not practicable and vague, contended the counsel.

Senior counsel Vijay Narayan appeared for EPS contended that OPS is expelled from the party and it was validated by court, then how can an expelled person use the flag, symbol and letterhead of the party, he wondered. The Election Commission (EC) also recognized EPS as the general secretary of the party, but OPS is still continuously using the letterhead, flag and symbol. Further he claiming him as coordinator of the party, expelling EPS and several general secretaries of the party, contended the counsel.

The single judge granted two chances to OPS to file an affidavit in the main suit, but they failed and requested further time as they filed a special leave petition, said the counsel. Further it was contended that appeal of OPS is not maintainable and he can file an affidavit before a single judge to vacate the interim injunction.