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Palaniswami gets possession of AIADMK HQ
The Madras high court on Wednesday quashed the order of the Tamil Nadu revenue department to seal the AIADMK headquarters and directed that the keys be handed over to party interim general secretary Edappadi Palaniswami, who is popularly known as EPS.
The Madras high court on Wednesday quashed the order of the Tamil Nadu revenue department to seal the All India Anna Dravida Munnetra Kazhagam (AIADMK) headquarters and directed that the keys be handed over to party interim general secretary Edappadi Palaniswami, who is popularly known as EPS.
The court also restrained party cadres and supporters from entering the premises for a month.
The AIADMK headquarters in Royapettah here was sealed on June 11 following clashes between supporters of EPS and now expelled leader O Panneerselvam, popularly known as OPS, after the party’s general council ended the dual leadership and picked the former as its interim general secretary. The council also expelled OPS from the primary membership and as treasurer for allegedly working against the party.
Citing maintenance of law and order amid the clashes, the state revenue division ordered locking and sealing of the AIADMK headquarters under section 145 (procedure where dispute concerning land or water is likely to cause breach of peace) and 146 (1) (If the Magistrate considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the property until a competent Court has determined the rights of the parties) of Code of Criminal Procedure (CrPC).
Both EPS and OPS later moved the high court against the sealing order. The judgment was reserved on July 15 and delivered on Wednesday.
Quashing the proceedings of the revenue department, Justice N Sathish Kumar ordered that the keys of the headquarters be handed over to EPS. He also directed police to provide proper bandobast and round-the-clock protection at the premises.
Considering the factional divide between EPS and OPS, the court directed the former not to permit any party cadres or supporters to the building for a month, from Wednesday.
In its 61-page order, the court said that for proceedings under section 145 (of CrPC), there must be real dispute in respect of the land or immovable property.
“Therefore, merely 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,” it 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 does not belong 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,” it added, as it dismissed OPS’s petition seeking possession of the party building.
The court also took note of a status report filed by the police itself, indicating that there was a “complaint given by ex-minister D Jayakumar dated June 26 that anti-social elements were trying to enter AIADMK headquarters and also the council meeting to be held on July 11 (elsewhere)”.
“From July 5 to 11, no untoward incident was reported. This itself clearly indicates that the ‘B’ party (OPS) was not in control and possession of the property. On the other hand, the status report of the police itself indicates that only A’ party (Palaniswami) is in control of the party office,” the judge noted.
In his petition, EPS had alleged that the law and order issue was premeditated and orchestrated with police support. He also said that there can be no dispute over the headquarters as it belongs to the party and that OPS was removed from the party’s primary membership.
OPS, meanwhile, maintained that he was still the party coordinator and in charge of the headquarters. He also said that EPS’s election as general secretary and possession of the property should be decided by a civil court.
OPS supporter V Pugazhendhi said they will most likely move the Supreme Court against the high court order. “We could move a special leave petition in the Supreme Court. The party cadre have to elect the general secretary, not the general council. Whoever is elected by the cadre will have the rights to lead the party,” Pugazhendhi said.
The EPS camp said the high court verdict was “right”. “Without any strength, OPS is creating so much confusion. The cadre will not forgive him. AIADMK headquarters is like a temple. This is the right verdict. Even if they go for an appeal, we will only win,” EPS supporter D Jayakumar said.
