AIADMK leadership row: SC sends OPS faction plea against party general council meeting back to Madras HC

Jul 29, 2022

New Delhi [India], July 29 : The Supreme Court on Friday forwarded to the Madras High Court a plea filed by former Tamil Nadu Chief Minister O Panneerselvam's faction against the recent All India Anna Dravida Munnetra Kazhagam (AIADMK) general council meeting in which OPS was expelled from the party.
A bench headed by Chief Justice NV Ramana asked the High Court to decide the case within three weeks.
It also asked OPS and Edappadi K Palaniswamy (EPS) factions of the AIADMK to maintain the status quo with regard to the affairs of the party.
"We deem it necessary that instead of keeping the matter here, we will send back the matter to the High Court for fresh consideration without being influenced by the orders passed by us. We request the High Court to dispose of the matter within a period of three weeks maximum. The status quo is to be maintained by the parties. We have not expressed any opinion on merits," the bench ordered.
In its General Council meeting held on July 11, the dual-leadership model in the AIADMK was ended and OPS was expelled from the party for "anti-party" activities during the party meeting.
In the meeting, EPS was elevated as the interim general secretary of the party.
On July 6 the Supreme Court stayed the June 23 division bench order of the Madras High Court order that had restrained the AIADMK General Council from amending the party bye-laws during its meeting.
The apex court had observed that Courts cannot interfere with the inner functioning of a political party and clarified that the July 11 General Council can proceed in accordance with the law.
A single judge of the High Court had earlier refused to restrain the General Council from passing resolutions aimed at amending its by-laws to pave the way for a unitary leadership instead of dual leadership.
It had rejected a batch of applications for an order against the passing of any such resolutions and held that it was for the General Council to decide upon its functioning and not for the court to dictate which resolution could be passed and which should not be passed.
Panneerselvam camp, however, challenged the single judge order before a division bench which had restrained the General Council from passing any resolution other than the 23 draft that had been approved by the party coordinator Panneerselvam.
Then EPS filed an appeal before the top court against a division bench order stating that in the General Council meeting held on June 23, the majority of members sought for the abolition of the dual leadership model and for adopting of a unitary leadership structure. The top court then stayed the division bench order and asked the single judge to decide the case.
Since the passing away of former Chief Minister and All India Anna Dravida Munnetra Kazhagam (AIADMK) general secretary J Jayalalithaa, the party has been having a dual leadership with Panneerselvam and Palaniswami leading it as coordinator and joint coordinator respectively.
However, recently, disputes arose between both the leaders, with EPS group pressing for unitary leadership
In the Supreme Court, Palaniswami had contended that the High Court division bench had erroneously interfered with the internal democratic process of the AIADMK, and the General Council, the supreme body of the AIADMK, was prevented from deciding on internal party affairs.