EPS Vs. OPS – Supreme Court Stays Madras HC's Order Restraining Amendment Of AIDMK Bye-Laws

The Supreme Court today stayed the order of the Division Bench of the Madras High Court which restrained the General Council Meeting from passing any resolution regarding any amendment to the bye-laws of AIDMK, as a part of the power tussle between O. Panneersevalam, also known as OPS and E Palaniswami, also known as EPS, over the control of the party.

The Vacation Bench comprising of Justice Dinesh Maheshwari and Justice Krishna Murari issued notice to the Respondents seeking a reply within a period of 2 weeks.

Senior Advocate C. S. Vaidyanathan appearing for E. K. Palaniswami apprised the Court that the next General Council Meeting is slated for 11th July and a contempt case is pending before the High Court for violating the order of the Division Bench of 23rd June.

Vaidyanathan also submitted that, "As far as the interference in the internal management of a voluntary organization is concerned, it is to be considered that the jurisdiction of the High Court is very limited" The Bench agreed with the submission.

Senior Advocate Maninder Singh representing M. Shanmugam submitted before the Court that the post of Coordinator and Joint Coordinator have been operating since 2017 and is now being sought to be changed. He submitted that, "The system has been working since 2017 and has worked out for the past 5 years without any problem now he wants to throw out the joint and wants to take over the party unilaterally".

The Bench asked the parties to sort out their disputes within the party forum. Maninder Singh submitted that the petitioner wants to bypass them and make it unilateral.

Senior Advocate Guru Krishna Kumar submitted to the Court that the Court may consider stating that the order of the Division Bench would not affect the other proceedings going on and that the contempt proceeding may be put on hold.

The petition filed by the EPS challenges the order passed by the Madras High Court which interfered with the internal working mechanism of AIADMK, which prevented the General Council from taking decisions on internal party affairs.

The petition stated that the order of the Madras High Court was erroneous and flawed because it "interfered with the inner working of AIADMK, which is against law and contradicts common sense and cannot be allowed to stand." It was also stated in the petition that, "The impugned order if allowed to stand will cripple the inner party democracy and free, fair and unhindered discussions that is the ethos of AIADMK Party."

The tussle between the former Tamil Nadu Chief Minister and Co-ordinator Edappadi K Palaniswami (EPS) and his Deputy CM and joint Co-ordinator of the AIADMK part O. Panneersevelam (OPS) for control over the party started by reinstating the post of General Secretary. The post of General Secretary which was previously held by J. Jayalalithaa till her death in 2016, was done away with in 2017, which resulted in the birth of a dual leadership as Co-ordinator and Joint Co-ordinator.