Madras HC Declines to Intervene in O Panneerselvam’s Restraining Order Regarding AIADMK Party Name, Flag, and Symbol

Madras Hc Law Insider

LI Network

Published on: January 12, 2024 at 00:21 IST

A Division Bench of the Madras High Court has declined to interfere with a single judge’s interim order that restrains O Panneerselvam, former Chief Minister of Tamil Nadu and expelled AIADMK leader, from using the party’s name, flag, symbol, and letterhead.

Justice R Mahadevan and Justice Mohammed Shaffiq, comprising the bench, stated that there were no grounds to interfere with the single judge’s order and dismissed Panneerselvam’s appeal.

The Court advised Panneerselvam to approach the single judge to seek relief from the interim injunction order.

In November of the previous year, Justice N Satish Kumar had granted the plea for interim injunction filed by AIADMK General Secretary Edappadi Palaniswami. Palaniswami argued that despite being expelled from the party, Panneerselvam continued to identify himself as the coordinator of the party.

Palaniswami informed the court that the High Court had previously upheld Panneerselvam’s expulsion from the party, and even the Election Commission recognized Palaniswami as the General Secretary of the party. Consequently, Palaniswami asserted that Panneerselvam was causing confusion among party members by presenting himself as the party coordinator and utilizing the party’s name, symbol, flag, etc.

In his appeal, Panneerselvam contended that he should not be restricted from using the party flag, symbol, and letterhead, as a lawsuit challenging his expulsion from the party was already pending. He added that the Courts had only dismissed their interim applications seeking a stay on the operation of the party resolution dated July 11, 2022, by which they were expelled, and not on the actual expulsion.

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