No stay on party polls for now: Madras HC

The court also did not order the appointment of a retired High Court judge as an observer or police protection for polls, as sought by the counsel for Palanisamy.

Published: 04th December 2021 05:29 AM  |   Last Updated: 04th December 2021 05:29 AM   |  A+A A-

Madras High Court

Madras High Court (Photo | EPS)

By Express News Service

CHENNAI: The Madras High Court refused to grant interim stay on the organisational polls of AIADMK scheduled to be held on December 7, to elect the coordinator and joint coordinator. However, the court ordered notice to the party’s top leaders to file counter-affidavits by January 7.

Hearing a civil suit filed by former AIADMK MP KC Palanisamy, Justice Abdul Quddhose on Friday said interim stay cannot be granted at this stage without having detailed arguments on the petition and hearing the respondents. However, he assured that he would not hesitate to cancel the polls if illegalities are proved in its conduct. The court also did not order the appointment of a retired High Court judge as an observer or police protection for polls, as sought by the counsel for Palanisamy.

The judge questioned the reasoning behind the petitioner filing the suit as he was removed from the party in 2018. His counsel explained that he was thrown out of the party in an illegal manner and was never served with a removal order, and he had challenged the removal at an appropriate fora.

Appearing for the AIADMK side, senior counsel Vijay Narayan said Palanisamy was expelled from the party and has no locus standi to challenge the organisational poll notification of the party. The judge ordered the respondents, including AIADMK coordinator O Panneerselvam,  joint coordinator Edappadi K Palaniswami and others, to file their counter-affidavit by January 7 and posted the petition to the same date. Palanisamy sought the court to declare the AIADMK’s poll notification issued on December 2 as illegal and order a fresh notification by giving 21 clear days before conduct of the polling. 

‘Release voter list’
The petitioner sought to declare the AIADMK’s poll notification issued on December 2 as illegal and order a fresh notification by giving 21 clear days before conduct of the polling. He also prayed for an order for releasing the voters list before holding the polls

‘Won’t hesitate to cancel poll’
The judge assured that he would not hesitate to cancel the polls if illegalities are proved in its conduct 

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