EPS AIADMK boss again as Madras High Court upholds July 11 GC meeting

CHENNAI: In a big victory for former Chief Minister Edappadi K Palaniswami, a division bench of the Madras High Court, in its order released on Friday, has upheld his election to the post of interim general secretary of the AIADMK and set aside the August 17 order of a single judge that nullified the July 11 general council (GC) meeting in which he was elected to the post.

The ruling validates the expulsion of O Panneerselvam (OPS) and his supporters from the AIADMK and OPS also loses the AIADMK coordinator post which he had regained after the single judge’s order. The bench of Justices M Duraiswamy and Sunder Mohan, which found no violation of the AIADMK bylaws in convening and holding the July 11 GC meeting, said the August 17 order of Justice G Jayachandran furthered “functional deadlock” in the party.

“By giving a direction that there shall be no executive council or general council meeting without joint consent of the coordinator and the joint coordinator, a situation has arisen where the party, as a whole, will undergo irreparable hardship since there is no possibility of the appellant (EPS) and first respondent (OPS) acting jointly to convene a meeting much less a GC to discuss the single leadership. The direction furthers functional deadlock in the party,” the bench said.

Referring to ratification of the party’s decisions at the GC meeting, the bench held that even if the coordinator and joint coordinator take any decision/action, the same is to be ratified at the GC meeting. The bench, while pointing to the July 29 order of the Supreme Court, said the apex court directed the parties to maintain the status quo as on 29 July 2022, and not as on July 11, 2022.

‘No violation of bylaws in holding July 11 GC meet’

Therefore, it is clear that the resolutions passed on 23.06.2022 and 11.07.2022 were not disturbed till the pronouncement of the order by the single judge, the bench said. Pointing out that OPS had not challenged the decision of the June 23 GC meeting, which announced the July 11 meeting based on the request made by 2,190 members, and only challenged the special GC of July 11, the bench said, “an order of status quo ante as on June 23 cannot be granted.”

The judges also held as “not workable” the single judge’s directive to EPS and OPS to conduct the EC or GC meeting jointly as they both “have not been able to act together and there has been a deadlock which has resulted in the impossibility to perform the functions, which is the very premise based on which the GC was held on September 12, 2017, wherein, the posts of coordinator and joint coordinator were created and EPS and OPS came to be elected to the said posts”.

Since EPS informed the Election Commission of India through a letter dated June 28, 2022, that his post and the post of coordinator had lapsed, he cannot be compelled to continue in the said post. Apart, OPS alone cannot take any decision. “In these circumstances, we are not giving any finding with regard to the stand taken by the appellant that the posts of coordinator and joint coordinator had lapsed for want of ratification on 23.06.2022.

The said issue can be decided in the pending suit,” the bench said in the order. While holding that there were no procedural lapses or violations of the bylaws in holding the July 11 GC meeting, the bench said the meeting was announced on June 23 GC meeting itself after a request was made by 2,190 out of 2,665 members of GC which is the supreme body in the party.

It also stated the ‘balance of convenience’ could not be stated in favour of OPS but on the contrary, it was in favour of EPS because the majority of GC members had given the request for holding a special GC meeting on July 11 and supported the decisions of the June 23 and July 11 meetings.

EPS calls it historic, OPS to move SC

While EPS called the HC bench verdict historic, OPS said the order will be challenged before the Supreme Court. V Pugazhendi, a supporter of OPS, said since the bench had not ruled on the validity of the coordinator and joint coordinator posts, OPS and EPS continue to retain their posts and the latter cannot take any decision on party matters on his own

CHENNAI: In a big victory for former Chief Minister Edappadi K Palaniswami, a division bench of the Madras High Court, in its order released on Friday, has upheld his election to the post of interim general secretary of the AIADMK and set aside the August 17 order of a single judge that nullified the July 11 general council (GC) meeting in which he was elected to the post. The ruling validates the expulsion of O Panneerselvam (OPS) and his supporters from the AIADMK and OPS also loses the AIADMK coordinator post which he had regained after the single judge’s order. The bench of Justices M Duraiswamy and Sunder Mohan, which found no violation of the AIADMK bylaws in convening and holding the July 11 GC meeting, said the August 17 order of Justice G Jayachandran furthered “functional deadlock” in the party. “By giving a direction that there shall be no executive council or general council meeting without joint consent of the coordinator and the joint coordinator, a situation has arisen where the party, as a whole, will undergo irreparable hardship since there is no possibility of the appellant (EPS) and first respondent (OPS) acting jointly to convene a meeting much less a GC to discuss the single leadership. The direction furthers functional deadlock in the party,” the bench said. Referring to ratification of the party’s decisions at the GC meeting, the bench held that even if the coordinator and joint coordinator take any decision/action, the same is to be ratified at the GC meeting. The bench, while pointing to the July 29 order of the Supreme Court, said the apex court directed the parties to maintain the status quo as on 29 July 2022, and not as on July 11, 2022. ‘No violation of bylaws in holding July 11 GC meet’ Therefore, it is clear that the resolutions passed on 23.06.2022 and 11.07.2022 were not disturbed till the pronouncement of the order by the single judge, the bench said. Pointing out that OPS had not challenged the decision of the June 23 GC meeting, which announced the July 11 meeting based on the request made by 2,190 members, and only challenged the special GC of July 11, the bench said, “an order of status quo ante as on June 23 cannot be granted.” The judges also held as “not workable” the single judge’s directive to EPS and OPS to conduct the EC or GC meeting jointly as they both “have not been able to act together and there has been a deadlock which has resulted in the impossibility to perform the functions, which is the very premise based on which the GC was held on September 12, 2017, wherein, the posts of coordinator and joint coordinator were created and EPS and OPS came to be elected to the said posts”. Since EPS informed the Election Commission of India through a letter dated June 28, 2022, that his post and the post of coordinator had lapsed, he cannot be compelled to continue in the said post. Apart, OPS alone cannot take any decision. “In these circumstances, we are not giving any finding with regard to the stand taken by the appellant that the posts of coordinator and joint coordinator had lapsed for want of ratification on 23.06.2022. The said issue can be decided in the pending suit,” the bench said in the order. While holding that there were no procedural lapses or violations of the bylaws in holding the July 11 GC meeting, the bench said the meeting was announced on June 23 GC meeting itself after a request was made by 2,190 out of 2,665 members of GC which is the supreme body in the party. It also stated the ‘balance of convenience’ could not be stated in favour of OPS but on the contrary, it was in favour of EPS because the majority of GC members had given the request for holding a special GC meeting on July 11 and supported the decisions of the June 23 and July 11 meetings. EPS calls it historic, OPS to move SC While EPS called the HC bench verdict historic, OPS said the order will be challenged before the Supreme Court. V Pugazhendi, a supporter of OPS, said since the bench had not ruled on the validity of the coordinator and joint coordinator posts, OPS and EPS continue to retain their posts and the latter cannot take any decision on party matters on his own