Madras High Court Grants Four Weeks Time To AIADMK To File Counter In Application Challenging Intra Party Elections

In his plaint, Mr. Ramkumar has challenged Resolution No. 7, 10, 11 and 12 passed by the General Council dated 12.09.2017 whereby amendments were made to the original constitution/rules and regulations of the party and subsequent to which the 2nd, 3rd, 7th and 8th Defendants assumed their Office.

The plaintiff drew attention of the court to the rules of the defendant party.

Rule. 20 (i) of the 1^st Respondent Party Constitution reads, "The General Secretary of the Party will be responsible for the entire administration of the Party".

Rule: 20 (ii) of the 1^st Respondent Party Constitution reads, "The General Secretary shall be elected by the Primary members of all the Party Units of Tamil Nadu and the Members of Party in other States like Pondicherry, Andhra Pradesh, Kerala and Andaman Islands".

Rule 43: Amendments of the 1^st Respondent Party Constitution reads, "The General Council will have powers to frame, amend or delete any of the rules of the party constitution. But the rule that the General Secretary should be elected only by all the primary members of the party cannot be changed or amended since it forms the basic structure of the party".

Rule 45 of the 1^st Respondent Party Constitution reads, "The General Secretary is fully authorised to relax or make to any of afore said Rules and Regulations of the Party."

The resolution of general council in 2017 created new posts in the Party viz. Coordinator, Joint Coordinator and Deputy Coordinator and assigned posts to the 2nd, 3rd, 4th and 5th Respondents herein.

Mr. Ramkumar further states that the Executive Council of the 1^st Respondent Party on 01.12.2021 passed a Special Resolution and amended the Party Constitution to elect the Coordinator and Joint Coordinator jointly, elected by the basic members by a single vote.

He further added that such amendments are violating the rights of the Primary Members, disturbed basic structure of the Original Party Constitution/the Rules and Regulation. He also stated that all the primary members favour Single Leadership as opposed to the present dual leadership. These primary members hence, wish to restore the original constitution/rules and regulations of the respondent party.

Hence the present plaint is filed to safeguard the rights of the Primary Members, to fulfil the interest of the Primary Members of the 1^st Respondent/ the 1^st Defendant Party, and to ensure strict adherence of the provisions of the 1^st Respondent/ the 1^st Defendant Party Original Constitution by all the members including the Defendants.