HC refuses to stay AIADMK GC meet, allows to amend bye-laws

CHENNAI: In a major success for former CM and AIADMK joint coordinator Edappadi K Palaniswami, the Madras High Court on Wednesday gave its nod to conduct the General Council (GC) meeting on June 23 as well as to pass a resolution to amend the bye-laws of the AIADMK, the principle opposition party in Tamil Nadu.

"It is for the GC and its members to decide and pass resolutions and this Court cannot interfere with the process of conducting the GC meeting. Therefore, this Court is not inclined to pass any interim orders/directions, except making it clear that the GC meet which is scheduled to be held on June 23 shall go on," Justice Krishnan Ramasamy ruled.

The judge further held that it is well settled that in matters of internal issues of an association/party, the Court normally does not interfere.

"Courts will leave it open to the association/party and its members to pass resolutions dismissing particular bye-law, rule or regulation for better administration of the party since any decision comes forth among the members of the General Council, it is well within their collective wisdom and this Court cannot insist the members act upon in a particular manner, " the HC added.

After a marathon of arguments by a battery of senior advocates, the judge passed the direction on rejecting the interim pleas by AIADMK members, including N Thanikachalam, B Ramkumar Adityan, Suren Palanisamy, and general council member Shanmugam.

The petitioners for a direction restricting AIADMK and its coordinators from conducting the GC meet and passing a special resolution to amend the bye-laws of the party.

Senior Counsel PH Aravindh Pandian, appearing for AIADMK coordinator O Panneerselvam submitted that without due process, no resolution in respect of any amendment of bye-laws should be passed.

“Defendant / OPS had approved 23 subject matters listed in agenda, wherein, there is no resolution as regards the amendment of Rules, 19, 20, 20-A, 43, etc., would be passed in the General Council as it is contrary to the Rules and Regulations of the party,” Pandian submitted.

He further submitted that as per Rule 20-A, the coordinator and joint coordinators elected through the GC meet in December 2021, and the same will be valid for the next five years and it is unnecessary to amend the bye-laws now.

Meanwhile, Edappadi Palanisamy’s counsel senior advocate S Vijay Narayan submitted that when the general secretary position was abolished and coordinator and joint coordinator positions were created in 2017 in a GC meet, there was no agenda circulated in this regard and the same agenda was put only during the meeting.

“As per the wishes of the GC members of AIADMK, any resolution can be passed on the floor of the meeting and it is for the GC to consider or reject the same," senior counsel submitted. He also pointed out that at no point of time, any prime member of the party has raised an objection or insisted upon the agenda before conducting the General Council meeting.

Senior counsel PS Raman, appearing Suren Palanisamy submitted that his client had no objection to conduct the general council meeting. However, he wanted no resolutions to be passed in the GC meeting.

Senior Counsel G Rajagopalan appearing for Shanmugam submitted that the respondents are making an attempt to convene the meeting without circulating the agenda of the meeting.

Recording the submissions, the judge held that he could not pass any interim injunction against the GC meet and directed the respondents to file a response on July 11.