In AIADMK leadership row, Palaniswami gets edge over Panneerselvam as SC stays Madras High Court order

The Supreme Court on Wednesday stayed the Madras High Court order, which restrained the passing of resolutions in AIADMK general council meeting and executive councils in connection with the single leadership of the party.

A bench of Justices Dinesh Maheshwari and Krishna Murari said, "In view of the facts and circumstances of 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."

The top court also issued notice to O Paneerselvam group on the plea of former chief minister of Tamil Nadu Edappadi K Palaniswami (EPS) against the Madras High Court order.

In the order, the court said, “It may be clarified that though the meeting dated 23.06.2022 (forming the subject-matter of the orders aforesaid), has already been taken place but, in view of the further steps/proceedings taken up or likely to be taken up pursuant to the impugned order and pursuant to the observations/directions made therein, and looking to the questions raised in these petitions, it appears necessary and expedient that the operation of the impugned order should remain stayed until further orders of this court”.

The bench added so far as the meeting of the General Council, slated to be held on July 11, is concerned, the same may proceed in accordance with law and in that relation, the other aspects of any interim relief ought to be projected and presented before the single judge dealing with civil suit(s) on the original side.

The bench said: “We do not consider it necessary to pass any other order of interim nature and all other aspects are to be examined at the appropriate stage.”

It added, “It is made clear that pendency of these petitions in this court shall not be of any impediment for the learned single judge dealing with the civil suit(s) to examine the prayer for any other interim relief and/or to pass any other necessary order, as may be required in the facts and circumstances of the case. The respondents may file counter affidavit within two weeks. List these matters after two weeks”.

The matter arose out of the High Court's division bench order stating that no unannounced resolutions could be taken up at the meeting of the AIADMK general and executive councils.

The order was then passed in an intra-court appeal filed by M Shanmugham, AIADMK's general council member challenging single judge order, declining to restrain the party from making any amendments to its bye-laws.

The dispute is related to the changing of the dual-leadership structure of AIADMK. OPS and EPS were leading it as coordinator and joint coordinator respectively. However, EPS group sought to bring in unitary leadership.