HC refuses to interfere with AIADMK GC meet

Therefore, this Court is not inclined to pass any interim ordersdirections, except making it clear that the General Council Meeting which is scheduled to be held on June 23 shall go on, the judge said and posted the matter for further hearing on July 27.The packed court hall witnessed exchange of heated arguments by the senior counsel Vijay Narayan for Palaniswami, Arvind Pandian, representing Panneerselvam, G Rajagopalan for council member Shanmugam, P S Raman and N G R Prasad for other petitioners over the issue of passing of unannounced resolutions at the meet.

The Madras High Court on Wednesday refused to interfere with the general council and executive committee meeting of the opposition AIADMK scheduled to be held at a marriage hall in Vanagaram here tomorrow, paving the way for the conduct of the party's highest decision-making body. ie. the GC.

Justice Krishnan Ramaswamy gave the green signal after holding that the court cannot interfere with the conduct of the meeting and apply any restrictions on passing resolutions at the meet.

The judge was passing interim orders on a batch of writ petitions pro and against the meet, which is being held in the backdrop of the tussle between the respective camps headed by party Coordinator O Panneerselvam and K Palaniswami over the issue of 'single leadership,' with the odds said to be stacked against the former.

The judge, after hearing the arguments of the senior advocates and going through the entire record noted that all concerned did not raise objections for the conduct of the meet. However, the counsel appearing for the plaintiffs and the Panneerselvam would strongly oppose passing of any resolutions on the floor of the meeting to amend the Rules and Regulations of the party, mainly abolishing the posts of co-ordinator and joint co-ordinator as it would cause great prejudice to them. None of the parties have made any prima facie case for grant of interim orders. In fact, the plaintiffs have come forward with the applications seeking interim directions based upon their apprehension that resolutions may be passed in respect of amendment of the Rules and Regulations of the party.

''This court cannot imagine what would be going to take place during the General Council Meeting and issue interim orders/directions in advance. In fact, it is well settled that in matter of internal issues of an association/party, the courts normally do not interfere, leaving it open to them and its members to pass resolutions and frame a particular bye-law, rule or regulation for better administration of the party since any decision comes forth among the members of the general council,it is well within their collective wisdom and this Court cannot insist the Members to act upon in a particular manner,'' the judge said.

It is for the General Council and its members to decide and pass resolutions and this Court cannot interfere with the process of conducting the same. Therefore, this Court is not inclined to pass any interim orders/directions, except making it clear that the General Council Meeting which is scheduled to be held on June 23 shall go on, the judge said and posted the matter for further hearing on July 27.

The packed court hall witnessed exchange of heated arguments by the senior counsel Vijay Narayan for Palaniswami, Arvind Pandian, representing Panneerselvam, G Rajagopalan for council member Shanmugam, P S Raman and N G R Prasad for other petitioners over the issue of passing of unannounced resolutions at the meet. They included amendments to party bye-laws, which might pave the way for restoration of the general secretary post and ultimately result in single leadership.

Rajagopalan contended that the other group is proposing to amend the bylaws to bring back the post of general secretary, which was abolished after the demise of former Chief Minister J Jayalalithaa. But till now no such agenda has been circulated. Can such an important general council meeting can be organised without circulating the agenda, he wondered. Pandian submitted that by the amendment made in September, 2017, the post of general secretary was abolished and the those of coordinator and joint coordinator introduced, with Panneerselvam and Palaniswami being elected to the respective posts and they took charge for a term of five years. Panneerselvam received 23 draft resolutions for his clearance and he is prepared to fix his seal of approval for all the agenda. No more fresh resolution should be introduced at the meet and he would not give his approval, he said, adding that the court may record that OPS,as Panneerselvam is known, will not act against the bye-laws of the party.

Vijay Narayan submitted that the bye-laws of the party were amended and the coordinator and joint coordinator posts were created. This was done by the then general council in 2017 without any agenda, he pointed out. There is no practice of circulating the agenda prior to the GC meeting. It could be done on the floor of the meeting, he added.

It might have been true during the times of AIADMK founder, the late MG Ramachandran (MGR) and Jayalalithaa but now it is different. Every member should know what will be discussed at the meet, Pandian said. Any amendment to the bye-laws should emanate from the leadership and approved by the general council. That is how the party was functioning all along. So, any amendment should be decided jointly by the co-ordinator and the joint co-ordinator, he added.

Let the meeting happen but none should be permitted to make any amendment to the party bye-laws, P S Raman said.

The general council, the supreme body consisting of 2,665 members, does not require anyone's permission to amend the bye-laws, Vijay Narayan contended. Past practice had been that at the meeting of the general council, one fifth of the members can make a request and if there is overwhelming support, the amendment gets passed. The general council has powers to delete, amend or modify the bye-laws of the party. Whether it will happen tomorrow is entirely in the realm of speculation. It may happen or may not happen, he added.