Chennai: The AIADMK general meeting to be held on July 11 was argued for three hours by the OPS seeking a ban on the meeting and the EPS seeking dismissal of the case. After hearing arguments from all sides, the judge adjourned the case till next Monday (July 11).
In the petition filed by O. Panneerselvam in his capacity as AIADMK coordinator in the Madras High Court, “The general committee meeting should be called 15 days before. However, I received the notification regarding the general committee meeting on July 11 only yesterday evening. should be imposed,” he had demanded in the petition. Similarly, Vairamuthu, a member of the general body, had also filed a petition seeking a ban on the general body.
The High Court, which heard the case, raised various questions, including whether the posts of coordinator and co-coordinator have expired?, whether the executive officers have the authority to convene the general body?, how many days before the general body meeting should be called? , adjourned the hearing.
The case came up for hearing again today before Justice Krishnan Ramasamy. Then EPS filed a reply. “The court cannot interfere in the internal affairs of a political party. In the previous General Assembly, no agenda was published. The agendas which are said to have been published now are distributed by the party office. The coordinator, co-coordinator did not approve the draft agenda.
2432 members of the General Assembly have discussed about single leadership and expressed their willingness to take a decision in the General Assembly. The party rules say that even if the posts of coordinator and co-coordinator are vacant, there will be no vacancy in the party and the executive officers of the party will remain.
There is no bar to conduct of General Assembly as per order of Supreme Court. The Supreme Court has said that the General Assembly can be held on July 11. OPS, the convenor of the 2-crore-member party, has pursued the case, believing that the entire party is against him.
The posts of Coordinator and Co-Coordinator are not expired. The General Assembly has the power to represent all the workers to amend the rules of the party.
Although the executive committee brought amendments to the party rules, it was decided to seek approval from the general body. The executive committee has no power to amend party rules. According to the decision of the executive committee, it was decided to select the coordinator and co-coordinator through the core members. The executive committee decided to amend the rule that the general body members should elect the coordinator and co-coordinator before last December.
It was decided to seek the approval of the General Assembly as the Executive Committee had no power to amend the party rules. This resolution was not tabled in the General Assembly on June 23. All 23 resolutions were rejected. Since the amendments were not tabled in the General Assembly, the by-elections held based on them were also void. The Election Commission was informed that the posts of coordinator and co-coordinator are vacant.
On December 29, 2016, party executives appointed Sasikala as interim general secretary. After that, Sasikala went to jail in a property embezzlement case. The notice for the General Assembly held on 12th September 2017 was sent by the Party Executives. It was signed by the head club administrators. On that basis, the head club administrators sent a notice to the general body. As the posts of coordinator and co-coordinator are vacant, the club administrators sent a notice to the general body.
15 days prior notice is required for regular general meeting only. But if 20 percent of the general body members request to convene the general body, it should be convened within 30 days. No need to give 15 days prior notice to the General Assembly to be convened on the request of one-fifth of the members. It was in the general body meeting held on June 23 that the notice for the meeting on July 11 was issued. Therefore it cannot be said that the notice was sent at the last moment regarding the General Assembly. Only a few parties in India have intra-party democracy, and democracy should be preserved,” EPS argued.
Further, an additional petition was filed by EPS seeking dismissal of this case filed by OPS with penalty.
On the OPS side, “According to the December 2021 executive committee decision, the coordinator and co-coordinator won the election. The related information was informed to the Election Commission. How can it be said that only the coordinator and co-coordinator posts are vacant when the internal party election has already taken place?”
Amendments to party rules do not require general assembly approval because the amendment has already entered into force. Therefore the arguments advanced that both the posts are vacant are not acceptable.
How the posts become vacant when no resolution approving the amendment of the Party Rules is brought in the General Committee. And what happened when party founder MGR died was not explained. Only when the leaders are not alive, the post can be considered vacant. In case of AIADMK, this happened in 1987 and 2016.
“Also, whether it is a regular general body or a special general body, only the coordinator and co-coordinator can be convened as per the rules of the party,” it was argued.
After hearing the arguments of all sides, the judge adjourned the case to next Monday (July 11).