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AIADMK's Expelled Leader Manoj Pandian Moves Madras High Court Challenging Party’s General Council Resolutions
Upasana Sajeev
4 March 2023 8:50 AM IST
Expelled AIADMK leader Manoj Pandian has moved the Madras High Court challenging the resolutions passed by the AIADMK Party in its meeting held on July 11 2022 and to stay its operation. Through the resolutions, Pandian, along with others including former CM O Paneerselvam were expelled from the party and Edappadi Palaniswami was appointed as the interim...
Expelled AIADMK leader Manoj Pandian has moved the Madras High Court challenging the resolutions passed by the AIADMK Party in its meeting held on July 11 2022 and to stay its operation. Through the resolutions, Pandian, along with others including former CM O Paneerselvam were expelled from the party and Edappadi Palaniswami was appointed as the interim general secretary.
Without expressing any opinion on the merits of the application, Justice Senthilkumar Ramamoorthy noted that the court was not inclined to pass any ex parte interim orders. The court also directed the respondents to file their counters.
In his application, Pandian contended that the resolutions made in the General council meeting held on July 11th were void, non-est in law, and unsustainable. He added that the resolutions were against the party’s constitution.
Pandian argued that his expulsion from the party was without any notice and thus was against the principles of natural justice. Further, there was no mention of any resolution for removing Pandian and other members in the agenda for the meeting, he said. Pandian also argued that no charges were framed against hims or any other members before their expulsion nor were they given an opportunity to defend themselves.
He added that as per the bye-laws of the Party, the power to take disciplinary action vested only with the Coordinator and the Joint Coordinator. The general council had no role to play in the disciplinary proceedings against the party members, he said,
Pandian also submitted that considering the fact that he was a sitting MLA, if the resolution regarding his termination from the party was allowed to stand, it would have severe ramifications in his functioning in the Tamil Nadu Legislative Assembly.
Case Title: Paul Manoj Pandian @ PH Manoj Pandian v. All India Anna Dravida Munnetra Kazhagam and others
Case No: OA 164 of 2023