AIADMK Rift : Supreme Court Issues Notice On O Paneerselvam's Plea, E Panaliswami Agrees To Not Hold General Secretary Elections Till Court Decision

The Supreme Court on Friday issued notice on a petition filed by AIADMK leader and former Tamil Nadu Chief Minister O Paneerselvam challenging the Madras High Court's direction which allowed Edappadi Palaniswami to continue as the interim General Secretary.

A bench comprising Justices MR Shah and Krishna Murari posted the petition for hearing on November 21.

Senior Advocate C Aryama Sundaram, appearing for Palaniswamy, undertook that no election for General Secretary will be held till the matter is finally decided.

OPS has approached the Supreme Court against the September 2 order passed by a division bench of the Madras High Court which reversed a single bench order for maintaining status quo with respect to the AIADMK leadership as it existed before the election of Edappadi Palanisamy as the interim General Secretary of the party on July 12. The single bench had observed that as per bye-laws, the general council meetings can be convened only with the joint consent of both OPS and ESP. However, the division bench set aside the interim order for status quo after observing that it will lead to a "functional deadlock" as there was no possibility of OPS and EPS acting jointly.

Senior Advocate Ranjit Kumar, appearing for OPS, submitted that the divison bench ought not to have interfered with the singe bench order when no illegality was found. The byelaws mandate joint consent for general council meetings and the division bench cannot alter the said conditon citing the ground of functional difficulty.

"How can you both continue in such a fight either you continue or he continues...", Justice Shah orally remarked during the hearing.

The bench agreed to hear the matter and tagged it with an earlier special leave petition which was filed against the Madras High Court direction restrainig passing of general resolutions in the AIADMK general council meetings.

Even if a person has 100% majority, the meeting can only be as per the byelaws, the bench orally remarked. "Before we take any decision, we are saying no further election", the bench orally told Palaniswamy's lawyer Sundaram. At this juncture, Sundaram said, "Our statement may be recorded that no further election".

The bench recording the undertaking as follows : "Learned counsel for the respondent number 1 Shri CA Sundaram has stated that till the present matters are heard, there shall not be any election for general secretary".

Case No : THIRU O. PANNEERSELVAM Versus THIRU K. PALANISWAMY AND ORS. SLP(C) No. 15753/2022

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