‘Allowing OPS to use AIADMK symbol will cause irreparable injury to the party’, says MHC and restrains OPS

CHENNAI: Holding that if expelled person is not restrained from claiming party status, it will cause irreparable injury to the recognised political party, the Madras High Court (MHC) restrained O Panneerselvam (OPS) permanently from using AIADMK symbol, flag and letter head.

Justice N Sathish Kumar wrote that if OPS is allowed to use the party symbols, flag and letter pad and interfere with the affiars of the general secretary elected by the majority members by way of resolution, it will lead to serious chaos in the political arena, while allowing Edappadi K Palaniswami's (EPS) petition.

When OPS and supporters were removed from the primary membership in a general council and the resolution is not found invalid by any court so far and merely the suits are pending challenging the validity of the resolution, cannot contend that OPS is still continuing as a primary member of the Party, read the judgment.

Unless and until, his expulsion is declared to be void by the competent Court, he cannot interfere with the affairs of the general secretary elected by the majority of members in the general council meeting, wrote the judge.

Senior counsel PH Aravindh Pandian appeared for OPS submitted that when the validity of the removal or expulsion has not been decided finally, the plaintiff cannot seek an injunction against the defendant who was also a former Chief Minister of the same political party.

Senior counsel Vijay Narayan appeared for EPS submitted that, once OPS is removed from the primary membership of the party in the general council meeting, he cannot be permitted to use the symbol, letterpad and flag of the party.

Though several litigations are filed as against the removal of OPS from the primary membership, no courts have passed any order as against the resolution passed in the general council of the party removing OPS.

As long as the suspension or expulsion is not interfered or suspended by the competent Court, OPS don't have any right to claim as a primary member and also co-ordinator of the party, wrote the judge and injuncted him from interfering in the affairs of AIADMK.