AIADMK's two leaves symbol row: MHC dismisses appeal plea of OPS

CHENNAI: The Madras High Court (MHC) on Thursday dismissed the appeal plea of 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 Madras High Court comprising Justice R Mahadevan and Justice Mohammed Shaffiq granted liberty to OPS to file an application before the single judge to vacate the interim injunction.

The Leader of Opposition and AIADMK General Secretary Edappadi K Palaniswami(EPS) moved the Madras High Court seeking a permanent injunction restraining OPS from using the AIADMK’s symbol, flag, and official letterhead.

EPS also stated that the election commission recognized them under clause 15 of the election symbols (reservation and allotments) order, 1968. Further, he contended that the court also finalized the expulsion of OPS from the party. Hence OPS does not hold any legality to using the party name, symbol, flag, or letterhead, EPS contended.

After hearing his petition, the single judge issued an interim injunction restraining OPS from using the symbol, flag, and letterhead of AIADMK.

Aggrieved by the interim injunction, OPS filed an appeal. The appeal was heard by the division bench.

Before the bench, 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 and contended that the main suit filed by Edappadi K Palaniswami(EPS) against his client is not maintainable. AIADMK used three sorts of flags with Anna pointing his finger, with two leaves, and 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 several lakh of OPS followers, who are primary members of AIADMK using the party’s flag and even tattooed it on their hands. Hence this interim injunction is not practicable and vague, contended the counsel.

Senior counsel Vijay Narayan appeared for EPS and contended that OPS was expelled from the party and it was validated by the 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 claimed 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 the appeal of OPS is not maintainable and he can file an affidavit before a single judge to vacate the interim injunction.