The Madras high court (HC) on Friday refused to pass an interim order on a petition filed by expelled All India Anna Dravida Munnetra Kazhagam (AIADMK) leader Manoj Pandian (who backs O Panneerselvam) challenging his expulsion and describing the resolutions passed in the general council meeting held on July 11 last year as ‘illegal’.
However, justice Senthilkumar Ramamoorthy issued notices to the respondents including AIADMK interim general secretary Edappadi Palaniswami (EPS) and party presidium chairman Tamil Magan Hussain.
Sitting MLA Panidan, in his affidavit, sought for his expulsion by the general council to be declared as null and void, and if not, it would “affect his work in Tamil Nadu legislative assembly and people who elected him in the Alangulam constituency.
“I submit that I am the sitting MLA and if this resolution is allowed to stand, it will have severe ramifications in the functioning of the first respondent party (AIADMK) in the Tamil Nadu legislative assembly, the same will affect not only me but also the voters of my constituency. If any demand is raised, the said demand will not be considered effectively by the government,” Pandian argued in his petition.
His counsel Guru Krishnakumar on Friday contended that the impugned resolutions are ex facie illegal. “Guru Krishnakumar, a learned senior counsel, appeared on behalf of the plaintiff and endeavoured with great vigour to persuade me to grant ad-interim relief,” said justice Ramamorrthy.
“Without expressing even a tentative opinion on the merits of the application, I am not inclined to grant ex parte relief primarily because the events in question occurred on July 11, 2022,” justice Ramamorrthy added.
Pandian’s petition comes after the Supreme Court, on February 23, allowed the general council meeting on July 11 last year. Following the verdict, EPS had said that senior members of the AIADMK will soon make preparations for his election as the party’s general secretary.
OPS’ supporters had said that they will challenge the resolutions passed in the July 11 meeting since the SC had not made observations on the validity of the resolutions.
Pandian had said that he was entitled to file this civil suit as a primary member of the AIADMK, aggrieved by the “violations” in the party. “The funds of the first respondent (AIADMK) are being diverted, mismanaged, defalcated, and squandered,” Pandian’s affidavit read.
“I submit that if the resolutions are allowed to continue, it will injure my rights as a member of the legislative assembly (MLA) and also a member of the first respondent party. Also, I will not be in a position to perform the function as an organising secretary and a member of the advisory committee of the first respondent party,” OPS said.
He submitted that AIADMK’s resolutions passed last July violates the party’s constitution as it is bound by the bylaws amended on September 12, 2017 where late J Jayalalithaa was made the party’s “eternal general secretary” and two news posts were created for OPS as coordinator and EPS as joint coordinator.
