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AIADMK Row: Supreme Court Asks Madras HC To Take Fresh Decision On OPS Plea Against General Council Meeting, Orders Status Quo

Shruti Kakkar
29 July 2022 8:46 AM GMT
AIADMK Row: Supreme Court Asks Madras HC To Take Fresh Decision On OPS Plea Against General Council Meeting, Orders Status Quo
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The Supreme Court on Friday asked the Madras High Court to take a fresh decision on former Chief Minister O Paneerselvam(OPS)'s challenge to the general council meet of the All India Anna Dravida Munnetra Kazhagam (AIADMK) within 3 weeks.The Court also asked OPS and former Chief Minister EK Palaniswamy (EPS), who was elected as the interim general secretary of the AIADMK in its general...

The Supreme Court on Friday asked the Madras High Court to take a fresh decision on former Chief Minister O Paneerselvam(OPS)'s challenge to the general council meet of the All India Anna Dravida Munnetra Kazhagam (AIADMK) within 3 weeks.

The Court also asked OPS and former Chief Minister EK Palaniswamy (EPS), who was elected as the interim general secretary of the AIADMK in its general council meeting held on July 11, to maintain status quo by not passing any further resolutions. In 

The bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli passed the order in a special leave petition filed by OPS challenging the Madras High Court's order of refusing to stall the general council meeting of AIADMK. 

Appearing for OPS, Senior Advocate Gurukrishna Kumar submitted that OPS was expelled from the party in the July 11 meeting "Extreme decisions have been taken and they've expelled me. If that notice is contrary to the by-laws then all the consequences will go. They've removed me from the post of the treasurer and they've abolished the post", the senior counsel submitted. Although the Supreme Court had on June 6 vacated the stay put by the High Court on the passing of resoultions in the AIADMK meeting, the senior counsel argued that  the Court had added the further meetings can proceed only in accordance with law. The meeting was in contravention of the bye-laws, he added.

Senior Advocate Ranjit Kumar also appearing for OPS urged the bench for restoring of the Status quo that existed on July 11, 2022 (prior to conducting of the General Council meeting).

Considering the submissions, Chief Justice Of India NV Ramana said that the bench was inclined to remand the matter back to the High Court. Remarking that status quo ante can't be restored, the bench turned down the request made by Senior Advocate Ranjit Kumar but also said that it would ask the parties to not change the status quo now.

"If you think that's the case then let the HC consider. Let the single judg decide. Certain things that have to happen we can't restore that but we can ask them to not change the status quo. We'll set time limits," the CJI said.

Accordingly the bench in their order said, "we deem it necessary that instead of keeping the matter here, we'll send back the matter to the HC for fresh consideration without being influenced by the orders passed by us. We request the HC to dispose of the matter within a period of 3 weeks max. Status quo as to be maintained by the parties. We have not expressed any opinion on merits. For the time limit we have indicated to the HC and we are asking the parties to maintain status quo."

On July 6, 2022 the vacation bench of Justices Dinesh Maheshwari and Krishna Murari had vacated the stay imposed by the High Court on the passing of resolutions in the AIADMK General Council Meeting. The High Court's impugned order dated July 11 was passed pursuant to Top Court's order.

Case Title: P Vairamuthu (A) Amman P Vairamuthu v AIADMK | SLP (Civil) 12784-12785 of 2022 and Thiru O Paneerselvam v AIADMK| SLP (Civil) 12782 of 2022

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