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No relief for OPS as SC refuses to interfere with his expulsion
The top court directed the Madras high court to settle within three weeks the dispute between rival factions, led by Panneerselvam and former Tamil Nadu chief minister Edappadi K Palaniswami, over the general council meeting.
The Supreme Court on Friday refused to interfere with the decision taken by the All India Anna Dravida Munnetra Kazhagam (AIADMK) general council on July 11 expelling former party coordinator O Panneerselvam and abolishing all his party posts.
The top court directed the Madras high court to settle within three weeks the dispute between rival factions, led by Panneerselvam and former Tamil Nadu chief minister Edappadi K Palaniswami, over the general council meeting and said the status quo as on present date must be maintained till the high court issues an order.
The general council is the AIADMK’s highest decision making body. After the party lost in the 2019 assembly elections, it was being helmed by Palaniswami as coordinator and Panneerselvam as joint coordinator.
At a meeting of the council held on July 11, the Palaniswami faction had removed Panneerselvam from all party posts and ended the dual power structure within the party. Palaniswami was appointed as the interim general secretary and the sole power centre.
Ahead of the July 11 meeting, Panneerselvam had approached the Madras high court to restrain the council from taking any decision against him but the plea was turned down on July 11, following which, the meeting was held.
As Panneerselvam’s challenge against the holding of the general council meeting on June 23 and July 11 was pending before the Madras high court, the bench headed by chief justice of India (CJI) NV Ramana said on Friday, “We feel it necessary that instead of keeping the matter here, it may be sent back to the high court that may decide the petitions (pending there) without being influenced by earlier orders passed by this Court.”
The bench, also comprising justices Krishna Murari and Hima Kohli requested the high court to decide the issue within three weeks.
Till a final decision by the high court, the top court directed both sides to maintain status quo, effectively asking the general council not to pass any further resolutions.
Senior advocates Ranjit Kumar and Guru Krishnakumar, representing Panneerselvam, requested the apex court to order the status quo prior to the July 11 meeting.
Krishnakumar said, “Our challenge is that the meeting convened was in violation of the bylaws governing the party. If the notice for calling the meeting is bad, the entire thing goes. Then, the consequences have to follow.”
The bench said, “We cannot restore that position. We will order status quo as on date. Let the single judge in the HC decide all the issues. You will be entitled to restore that position later.”
For the Palaniswami faction, senior advocate Rakesh Dwivedi wondered how the petition was maintainable as the meeting had decided against the petitioner. “The petitioner (Panneerselvam) stands expelled from the party. They agree that General Council is the highest decision-making body of the party.”
The bench asked Dwivedi, “Is there any chance of any compromise,” to which, he answered in the negative.
The Court told both sides that its order of status quo should not be seen as expressing of any opinion in favour of any side as the arrangement has been made due to the time constraint imposed on the high court to decide the matter.
The dispute between the warring factions within AIADMK had reached the Supreme Court on July 6 after the Madras high court had on June 23 passed a restraint order against passing any resolution in the General Council meeting fixed for that day.
Palaniswami appealed against this order in the top court where he stated that due to Panneerselvam’s actions, “AIADMK has reached a point where it cannot function.”
He said that the HC order gave a veto power to Panneerselvam that was never envisaged in the party bylaws and allowing such a decision would “cripple the inner party democracy” and ethos of the political party based on free, fair and unhindered discussions.
The top court stayed the HC order in its order of July 6 and allowed the AIADMK council to meet on July 11 and take all decisions as per the bylaws.
