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Madras HC hands over AIADMK HQ to EPS, pulls up state govt for sealing order
The Madras high court said the Tamil Nadu government’s order sealing the property of the headquarters of the prime opposition party of the state will strike the very democratic process which amounts to oppression
The Madras high court on Wednesday ordered to hand over the possession of the All India Anna Dravida Munnetra Kazhagam (AIADMK) headquarters in Chennai to the party’s newly chosen interim general secretary Edappadi Palaniswami (EPS).
Both Palaniswami and expelled leader O Panneerselvam (OPS) petitioned the court after the building, situated in the heart of Chennai’s Royapettah, was sealed after clashes broke out between their supporters on July 11. The judgement was reserved on July 15 and delivered on Wednesday.
The court quashed the revenue divisional officer’s (RDO) directive to lock and seal the premises under section 145 and 146 (1) under CrPC and directed the police to give proper bandobust and protection to the building round the clock. Considering the factional divide between the duo, the court also directed EPS not to permit any cadres or supporters to the building for a period of one month starting Wednesday.
On July 11, an AIADMK general council meeting held in the outskirts of Chennai in Vanagaram chose Palaniswami as the new interim general secretary, abolished the dual leadership of EPS and OPS as joint coordinator and coordinator and expelled OPS and his supporters. Meanwhile, OPS and his supporters, who had boycotted the meeting, went to the AIADMK headquarters, which led to his supporters clashing with EPS’ loyalists.
After listening to both sides, the court in its 61-page order said that to initiate the proceedings under Section 145 there must be a real dispute in respect of the land or immovable property. “Therefore, mere creating a dispute on the date of the proceedings by creating a warlike situation, it cannot be said that there is an actual dispute existing in respect of the party office,” the court said.
“Any person said to have been expelled from primary membership cannot claim an absolute right to treat it as a dispute with regard to the property of the political party which is not belonged to any of the individuals particularly, creating warlike situation by breaking open the door of the building which was kept under lock and key by other side. Such an act is nothing but mere trespass,” the court said.
The court also added that from the time there has been a demand for unitary leadership from June 14, it shows that even during the June 23 general council meeting, OPS side was not in-charge of the party office. Further, the court brought up the status report filed by the police which in paragraph 21 said that there was complaint given by former minister D Jayakumar on June 26, 2022 that anti social elements are trying to enter the AIADMK headquarters and also general council meeting is to be held on July 11.The court said that from July 5 to July 11, no untoward incident was reported. “This itself clearly indicates” that the OPS side was “not in control and possession of the property”. On the other hand, the status report of the police itself indicates that only EPS side “is in control of the party office.”
The court said that the facts clearly show thar both the orders passed under Section 145 and 146(1) “suffer from non application of mind”. “the reasons have not been recorded and preliminary inquiry did not reflect the application of mind as to who was in possession or none of them are in possession, or she (RDO) was not able to find who was in possession,” the court said. “Only in such a scenario the question of attachment could be passed. Without doing so, mechanical order attaching the property of the headquarters of the prime opposition party of the state will strike the very democratic process which amounts to oppression.”
EPS’ team petitioned the court that the law and order issue was premeditated and orchestrated with police support. They also conveyed that there can be no dispute over the headquarters property as it belongs to the AIADMK party and the general council has removed OPS from the party’s primary membership. Senior counsel Vijay Narayanan relied upon Supreme Court judgements of two cases–Ashok Kumar Vs State of Utharkhand in 2013 and Janaki Ramachandran (wife of AIADMK founder M G Ramachandran) and Others Vs State in 1988.
OPS’ team has not moved the court to remove the lock and seal but they were asked to vacate the premises. They contended that as coordinator of the AIADMK, which he has occupied since 2017, he is in charge and in possession of the party building. OPS’ team has also contended that EPS being chosen as general secretary and his possession of the property have to be decided before the civil court. They also relied on 10 of the Supreme Court and Madras high court judgements including Jhummamal alias Devandas vs. State of Madhya Pradesh and Others to argue their case.
