[EPS v OPS] Madras High Court Refuses To Interfere With Expulsion Of Paneerselvam And Others From AIADMK

The Madras High Court has dismissed the appeals preferred by expelled AIADMK leaders seeking a stay on the operation of the General Council resolutions by which they were dismissed from the party.

The appeals were preferred by O. Panneerselvam, P.H. Manoj Pandian, R. Vaithilingam, and J.C.D. Prabhakhar against a single judge order rejecting their application against the party resolution dated July 11 2022 by which they were removed. 

The bench of Justice R Mahadevan and Justice Mohammed Shaffiq observed that after going through the impugned resolutions, it did not find any prima facie case for a grant of relief as claimed. The court noted that it did not find any reason to interfere with the convening of the General Council or the resolutions by which the appellants were expelled from the party and the ones through which the post of General Secretary was revived.

The expelled leaders had argued before the single judge that the party resolutions were arbitrary and against the democratic principles of the party. It was submitted that the extreme disciplinary action of removal from the party was taken without affording an opportunity to defend the case. Challenge was also made to the election notification for the election to the post of the party's General Secretary. It was submitted that the party had committed a judicial overreach by announcing elections when applications challenging earlier resolutions are pending.

The court, however, had given a nod for conducting the general secretary elections but directed the party not to declare the results till the challenges were disposed of. Following the single judge's order, the results were declared with Edappadi Palaniswamy being appointed as the General Secretary of the party.

The party and the general council had submitted before the single judge that the resolutions were passed keeping in mind the wish of the party founder who intended the party to have a single leadership. Further, the council was the supreme body of the party, and it had been bestowed with the powers to take any decision concerning the party.

Case Titile: O Paneerselvam v All India Anna Dravida Munnetra Kazhagam and others

Citation: 2023 LiveLaw (Mad) 244

Case No: OSA 68 of 2023 (and connected cases)