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March 18, 2024 03:54 pm | Updated March 19, 2024 10:32 am IST – CHENNAI
O. Panneerselvam, expelled leader of the AIADMK, has been restrained from using the party’s ‘Two Leaves’ symbol. File | Photo Credit: M. Periasamy
The Madras High Court on Monday restrained All India Anna Dravida Munnetra Kazhagam (AIADMK) expelled leader O. Panneerselvam from using the party flag, ‘two leaves’ symbol and the official letterhead. It also prevented him from claiming to be the coordinator or even a primary member of the party.
Justice N. Sathish Kumar issued yet another interim injunction restraining him from interfering with the functioning of AIADMK general secretary Edappadi K. Palaniswami until the disposal of a civil suit filed by the latter in September 2023 seeking permanent injunctions against the expelled leader.
The judge agreed with senior counsel Vijay Narayan, assisted by K. Gowtham Kumar, that Mr. Palaniswami shall suffer irreparable loss, due to confusion among the party cadres, if the expelled leader was not restrained from continuing to project himself as the party leader especially during the forthcoming Lok Sabha polls.
“From the overall discussions, this court is satisfied that the prima facie case and the balance of convenience is in the favour of applicant/plaintiff… This court is of the definite opinion that if the defendant is not restrained as sought by the plaintiff, it will lead to confusion and the suit itself will become academic,” the judge wrote.
Though Mr. Panneerselvam argued that he had filed a civil suit challenging his expulsion from the party and the suit was pending in the High Court, the judge said, mere pendency of a challenge to the expulsion proceedings could not be a justification to continue to interfere with party affairs.
“I may point out an analogy where a person is suspended from service or any association. Merely on the basis of a challenge made against such suspension in the court of law, he cannot contend that he continues to be a member or servant or employer of the association. Same analogy will also apply to the defendant too,” he said.
Justice Kumar went on to state: “As long as the suspension or expulsion is not interfered or suspended by the competent court, mere pendency of the suit challenging such expulsion before the competent court will not give any right to the defendant to claim as a primary member or as a Coordinator of the party.”
The judge also stated that Mr. Panneerselvam might call himself as the Coordinator of his own faction or of any other body but he could not call himself as the Coordinator of AIADMK which was a recognised political party from which he had been expelled through a resolution passed in the general council meet.
His claim over party leadership, even after the expulsion, would certainly lead to serious consequences of creating confusion among party cadres and failure on the part of the court to grant interim injunction would defeat the very purpose of the resolution passed by the party to expel him, the judge added.
Tamil Nadu / court administration / All India Anna Dravida Munnetra Kazhagam / General Elections 2024
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