The Supreme Court on Wednesday stayed the order issued by a two-judge bench of the Madras High Court prohibiting the passing of new resolutions not announced in the AIADMK general meeting.
Also, the Supreme Court said that the General Assembly meeting announced to be held on July 11 can be held as per the provisions of the law.
O. Panneerselvam has again filed a petition in the Madras High Court seeking a ban on the holding of the AIADMK General Committee meeting on July 11 in Chennai.
Single leadership issue: AIADMK general committee meeting held in Chennai on June 23. Earlier, a petition was filed by O. Panneerselvam in the Madras High Court seeking a ban on the general body meeting, while it was said that a single leadership resolution could be passed in the meeting. A one-man bench of the High Court, which heard the petition, refused to ban the general assembly.
Against this, an appeal was filed in the High Court by O. Panneerselvam. A two-member bench comprising of Madras High Court Judges Duraisamy and Sundarmohan, which heard the petition, issued an interim order on June 23 at 4 am saying, “The General Assembly can be held, but no resolution other than the announced 23 resolutions should be passed.”
Appeal in the Supreme Court: An appeal petition was filed in the Supreme Court last Tuesday by Edappadi K. Palaniswami seeking a stay on this order.
In the petition, the order passed by a two-judge bench of the Madras High Court interfered in the internal democratic process of the AIADMK.
Further, on the present date the term of office of the petitioner (EPS) and the 2nd respondent (OPS) as co-convenor and convenor has come to an end. Therefore, it is reported that the general committee members have demanded a single leadership for the AIADMK due to overwhelming support for the petitioner.
Further, an additional petition was also filed in this regard.
Similarly, an appeal was filed in the Supreme Court on behalf of former AIADMK ministers Natham R. Viswanathan and P. Benjamin. A caveat petition was filed on behalf of O. Panneerselvam.
These appeals were heard by Supreme Court Justices J.K. Maheshwari and Krishna Murari before the vacation session was held on Wednesday. Petitioner Edappadi K. Senior advocate C.S. along with advocate Balaji Srinivasan for Palaniswami. Vaidyanathan and senior advocate Maninder Singh appeared for the respondent Shanmugam.
During the hearing of the petition, the judges raised questions about the original case and the contempt of court case. CS Vaidyanathan explained it. Subsequently, Maninder Singh, on the side of the respondent, argued that “Dual leadership in the party went smoothly for 5 years from 2017. But the petitioner has made this issue a bogus matter to achieve a single leadership position.” Further, “The single judge bench which refused to ban the general body meeting, did not find any reason for it. Not registered’ he said.
The General Assembly is not prohibited from: Order of the Bench after Arguments: Facts of the Case, Circumstances, Materiality of the Appeal, Matters of the Order of the Single Judge on June 22nd on the Original Petition, Similarly, Matters of the Order of the High Court on June 23rd on the Appellate Petitions are considered.
Accordingly, the execution of the order passed by the two-judge bench of the High Court is stayed. Further, even though the General Assembly meeting has already taken place on June 23, the stay of the order will remain in force till the next order of the Supreme Court while considering the questions raised in the appeals regarding the order issued by the two-judge bench of the concerned court on further proceedings or matters to be held.
AIADMK general body meeting to be held on July 11 can be held as per law. If any interim relief is sought in respect of matters other than that, it shall be presented before the single judge dealing with the civil case.
We do not consider it necessary to pass any other order. All other aspects will be examined in due course. The respondents have to file their reply on these appeals within 2 weeks. After that the judges ordered that the case should be listed.
We will respect the decision of the High Court
Chennai, July 6: O. Panneerselvam’s supporter and former minister Vaithilingam said that he will respect the Madras High Court’s verdict on the AIADMK general committee issue.
He told reporters in Chennai on Wednesday:
The Supreme Court has not ruled against us. It is said to approach the High Court. Vaithilingam said that we will respect the verdict given by the High Court.