SC declines to interfere in HC order on expulsion of OPS, others from AIADMK
Jan 19, 2024
New Delhi [India], January 19 : The Supreme Court on Friday declined to interfere with the Madras High Court order that upheld the expulsion of former Tamil Nadu Deputy Chief Minister O Panneerselvam (OPS) and three others from the AIADMK during a general council meeting of the party last year.
A bench of Justices Sanjiv Khanna and Dipankar Datta dismissed the plea moved by OPS and three others from the All India Anna Dravida Munnetra Kazhagham (AIADMK).
The apex court said that staying the general council meeting of the party at this stage will "lead to a huge chaos".
The bench said, "How can we stay the resolution at an interim stage? It will be virtually allowing the suit. Even a prima facie case won't be enough to grant you an injunction... It will lead to a huge chaos."
The top court remarked that there was apparently a split in the party and the dispute will have to work itself out in a trial by leading evidence.
Staying the resolution of expulsion will spark different problems, it added.
The bench told the counsel appearing for OPS and others, "Continue with the suit. We cannot pass any order at this stage. If we interfere at this stage, it will amount to decreeing and allowing the suit at this stage... You will have to succeed in the suit for the relief you ultimately want."
On August 25, 2023, the Madras High Court had refused to stay the expulsion of OPS and three others from the AIADMK.
The High Court had noted that the bylaws of the party made it clear that the general council is the ultimate authority to take disciplinary action against any party members and that the merits of their decision in expelling the leaders is necessarily a matter for trial.
