Debangana Ray
Published on July 7, 2022 at 19:08 IST
The Supreme Court stayed the Madras High Court restraining the passing of any announced resolutions in the meeting of the AIADMK general and executive councils concerning the issue of single leadership of the party.
The order of High Court of Madras came relating to a plea filed by AIADMK coordinator, O Panneerselvam to stall the general council meeting of the party.
The order of the apex court staying the high Court directive came on the appeal filed by Palaniswami, the former Tamil Nadu Chief Minister.
The Bench comprising of Justices Dinesh Maheshwari and Krishna Murari said that, “Notice be issued to respondents, returnable in two weeks. In view of the facts and circumstances of the case and subject matter of litigation and high court orders, it is considered appropriate that operation and effect of order June 23, 2022, shall remain stayed.”
“At present, we do not consider it necessary to pass any other orders of interim nature.
It is made clear that the pendency of these petitions in this court could not be of any impediment in Single Judge dealing with civil suits examining prayer for any other interim relief or pass any other order as needed for facts and circumstances of the case,” the bench added.
The apex court observed that the high court bench exceeded its jurisdiction by passing a stay order at the general council meeting.
The court had ruled that no unannounced resolutions could be taken up at the meeting of the AIADMK general and executive councils here, restraining the camp led by joint coordinator Palaniswami from initiating any such move over the possible single leadership issue.
In a late-night hearing that stretched till early June 23, a special division bench had granted the relief to Panneerselvam at a special sitting held at the senior judge’s residence at Anna Nagar in the city, on an appeal against a single judge order.
It had said that the meeting can take place as scheduled and the already decided 23 resolutions can be taken up and adopted.
No other new resolutions touching upon making amendments to party bye-laws to abolish Co-ordinator and Joint Co-ordinator posts and restoring the general secretary post to pave way for single leadership shall be taken up, the High Court had said.
Earlier at around 9 pm on June 22, a Single-Judge bench of the High Court in its brief order permitted the conduct of the meet but refrained from restraining the Palaniswami group from taking up any other fresh resolutions, which would ultimately result in unitary leadership.
The aggrieved group led by Paneeerselvam met Madras High Court Chief Justice M N Bhandari after the order of the single-judge was pronounced and obtained his permission to prefer an appeal against the order.
The CJ constituted a bench of Justice M Duraiswamy and Sundar Mohan as the judges to make a special sitting and hear the appeal.
Accordingly, the bench sat at the senior judge’s residence and commenced the hearing around 1 am on June 23 and passed its orders around 4 am, which effectively led to joy and jubilation in the Paneerselvam camp.
The internal rumblings of the AIADMK over the single leadership issue, with a majority of district secretaries and others favouring Palaniswami to take over the mantle, had prompted Panneerselvam to write to the former seeking deferring the meet.
On June 23, the meet was held amid chaos and the AIADMK General Council announced that the one and only demand of the GC members is to bring in a system of a single leadership for the party, favouring Joint Coordinator Palaniswami.
