AIADMK GC cannot expel a member from party, OPS in MHC

CHENNAI: The general council which has the supreme power to frame the party's policies, is not empowered to expel a member from the party, said the ousted leader of AIADMK, O Panneerselvam in the Madras High Court on Thursday during the final hearing on the four appeals filed by expelled leaders O Panneerselvam, PH Manoj Pandian, R Vaithilingam and JCD Prabhakar challenging the refusal to injunct the party from implementing its July 11 general council resolutions that abolished the posts of coordinator and joint coordinator and revived the general secretary post.

When the appeal pleas came up for final hearing before a division bench comprising Justice R Mahadevan and Justice Mohammed Shaffiq, senior counsel PS Raman representing O Panneerselvam alleged that the decision to expel the appellants from the party was passed as a special resolution in the general council meet on July 11, 2022 without any prior notice and the single judge had admitted that the party's bylaws had not been followed while sacking the appellants.

He questioned that the general council which has the supreme power to frame the policies of the party, is not empowered to expel a member from the party and how can it be said that the member was expelled from the post for filing a case in the court without following due process.

"When the general council convened on July 11, 2022, the supporters of Edappadi K Palaniswami were present at the party's headquarters and they are the reason for the violence which occurred on the day. O Panneerselvam is the one who is eligible to contest against Edappadi K Palaniswami in the party's general secretary election and by expelling the appellant, the respondent conducted the election and declared himself as a winner. The appellant O Panneerselvam faced an irreparable loss as he was removed from the party and unable to contest in the general secretary election," he submitted in the court.

On his part, senior counsel Guru Krishnakumar representing O Panneerselvam contended that the resolutions passed in the July 11, 2022 general council meet were illegal and the court has not yet decided whether the posts of coordinator and joint coordinator have expired and by saying the posts which was unanimously elected by the party members were expired, the respondents are violating the party members' decision.

The arguments to continue till April 24.