OPS’ suit to stall GC meeting? HC to pronounce orders on Monday

CHENNAI: The Madras High Court on Friday observed that it will pass the orders on Monday at 9 am on a civil suit filed by AIADMK coordinator O Panneerselvam to restrain the July 11 General Council meeting of the AIADMK called by its joint coordinator Edappadi K Palaniswami and his supporters.

After marathon hearings, Justice Krishnan Ramasamy held that he will pass the orders on the morning of July 11.

The judge was seized with the civil suits filed by O Panneerselvam and AIADMK GC member Amman Vairamuthu seeking directions to stall the GC meeting calling it illegal against the bye-laws of AIADMK.

“The GC meeting should be called jointly by the coordinator and joint coordinator. However, the July 11 meeting was declared by the presidium chairman and the headquarters office bearers. It is contemptuous to the direction of the Madras HC and AIADMK bye-laws, ” OPS said in his affidavit.

S Vijay Narayan, representing Edappadi K Palaniswami had filed a detailed counter affidavit before the judge stating that the suit is filed by one disgruntled former coordinator against the one and half crores primary members of the party-who are represented by the 2,665 GC members.

He further questioned the maintainability of the suit submitting that the applicant himself cannot be sued by him. According to the former AG, the applicant has arrayed him as one of the defendants and the suit is non-maintainable.

“The plaintiff does not have any support whatsoever from the entire rank and file of the party, barring a few individual supporters. The suit has been filed against the party, the executive council, and the general council, and this single fact exposes the fact the plaintiff stands completely isolated without any support,”!EPS submitted through his counsel.

Senior advocate Vijay Narayan submitted that the amendment made in an executive council meeting held on December 1, 2021, to elect the coordinator and joint coordinator in a single vote was not ratified by the GC in a meeting held on June 23, and both the posts are expired.

“When the election of coordinator and joint coordinator is expired, the office bearers appointed by the then coordinators and joint coordinators shall carry forward the party works. It happened in 1987 and 2017 after the death of party founder MG Ramachandran and General Secretary J Jayalalithaa,” the senior counsel noted.

He further argued that on June 23 when all the 23 resolutions were rejected and 2190 GC members out of the total 2,665 members made a requisition for a GC meeting to be convened immediately for discussing and taking decisions on single leadership.

When OPS claimed that a 15-day notice should be given before conducting the GC meeting, Vijay Narayan submitted that on June 23, the GC members wanted a special meeting under Rule 19 (vii) to be convened within 30 days of its requisition.

“The 15-day notice is necessary only for the meeting convened by the Coordinator and Joint Coordinator. When it is a requisitioner’s meeting as provided under Rule 19 (vii) of the bye-laws the same has to be conducted within 30 days and there is no requirement of any specific length of notice. On June 23, the announcement for the next GC meeting was made on the dais. Hence, it is the notice which was given 18 days prior, ” EPS faction submitted.

The applicant has moved the petition against the SC order and the democracy of the AIADMK.

However, Guru Krishnakumar submitted that his client has not been isolated in the party and he has the support of cadres of AIADMK.

“My client was a Chief Minister several times when the party and its government were in crisis. After the death of Jayalalithaa, he led a faction which was merged and he became the coordinator of the party, ” the senior advocate countered.

He also said that the election of coordinator and joint coordinator by a single vote was sent for the approval of the Election Commission of India (ECI) and the same was approved by the ECI.

Recording the submissions, the judge adjourned the matter to Monday.