Chennai: In a setback for former Chief Minister O Panneerselvam, a Division Bench of the Madras High Court on Friday ruled overturned a single judge’s order and ruled in favour of AIADMK interim general secretary Edappadi K Palaniswami in the party tussle.
A single judge of the court had last month nullified the July 11 general council meeting of the AIADMK in which Palaniswami was elected as the unitary leader, ousting O Panneerselvam from the post of party coordinator. However, on an appeal from Palaniswami, a Bench of Justices M Duraiswamy and Sunder Mohan held that the general council meeting was valid.
The Bench noted that when the party presidium chairman had on announced that next date o the special general council meeting based on the requisition made by 2,190 members of the general council on June 23, Panneerselvam had not challenged the decision. Instead he had challenged only the special general council meeting held on July 11. “When the 1st respondent (Panneerslevam) did not challenge the Resolutions passed in the General Council Meeting held on 23.06.2022, an order of status quo ante as on 23.06.2022 cannot be granted,” the judges held.
The Bench said the direction by the single judge to Palaniswami and Panneerselvam to conduct the executive council meeting or general council meeting jointly is not workable as the two leaders have not been able to act together. There has been a deadlock, “which has resulted in the impossibility to perform the functions.”
Since Palaniswami had informed the Election Commission of India, that his post along with the post of Coordinator had lapsed, “he cannot be compelled to continue in the said post”. That apart, Paneerselvam alone cannot take any decision independently. “In these circumstances, we are not giving any finding with regard to the stand taken by the appellant that the posts of coordinator and joint coordinator had lapsed for want of ratification on 23.06.2022. The said issue can be decided in the pending suit,” the court held.
Supporters of Palaniswami celebrated the verdict bursting crackers and distributing sweets. Meanwhile Panneerselvam told journalists he would appeal against the verdict in the Supreme Court.
