AIADMK GC row: EPS files counter affidavit at HC
He filed the suit in the wake of a recent Supreme Court order which upheld the legality of the July 11 general council meeting, but refrained from passing orders on the legality of the resolutions, noting that it can be contested before the High Court.
CHENNAI: AIADMK interim General Secretary Edappadi K Palaniswami on Thursday filed a counter affidavit in the case filed by MLA PH Manoj Pandian at the Madras High Court against the AIADMK's July 11, 2022 General Council resolutions that paved the way for the election of EPS as the party's interim general secretary and expulsion of O Panneerselvam and his supporters.
The petitioner PH Manoj Pandian filed the suit along with an application, seeking a permanent injunction against Edappadi K Palaniswami from functioning as the interim general secretary of the party as per the resolutions passed in 2022, to the effect of abolishing the post of coordinator and joint coordinator and creating the post of interim general secretary and prayed for an order for maintaining status quo until the main suit is disposed of.
He filed the suit in the wake of a recent Supreme Court order which upheld the legality of the July 11 general council meeting, but refrained from passing orders on the legality of the resolutions, noting that it can be contested before the High Court.
Justice Senthil Kumar Ramamoorthy who heard this petition on March 3 said that he couldn't pass any orders without hearing the respondents.
He ordered notices to the respondents, including EPS and OPS, mentioned as the joint coordinator and coordinator respectively, to respond to the suit. Subsequently, the judge posted the matter to Friday March 17.
On Thursday, AIADMK interim general secretary Edappadi K Palaniswami has filed a counter affidavit at the Madras High Court.
In the counter affidavit, it has been stated that "The AIADMK is represented by its interim general secretary and not by coordinator and joint coordinator as claimed by the applicant PH Manoj Pandian. Further, the fourth respondent is the interim general secretary of AIADMK and he is not the joint coordinator as wrongly claimed in the description. It is pertinent to mention that the plaint PH Manoj Pandian is not even a member of AIADMK and his description is also erroneous. The presence of plaintiff at the party headquarters on July 11, 2022 has been termed as 'trespass' by the Madras High Court and to provide the party's headquarters address as his address is misleading and mischievous. The present counter is being filed without prejudice to the above submissions and the application that has been taken out in this regard."
"The reliefs sought for in the application have become infructuous. The applicant can maintain only the reliefs that are only causing him a personal injury. The applicant has suppressed the material facts and mis-stated the facts and as such disentitled to any relief. The decision of the majority cannot be stifled by a minuscule minority," EPS stated in his counter affidavit.
Palaniswami also urged the court to dismiss the petition filed by PH Manoj Pandian with penalty in limine on the preliminary grounds. The case is expected to come for hearing on Friday.
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