Chennai: With no or little judicial avenue left open to cling on, the legal battle waged by former Deputy Chief Minister and expelled AIADMK leader O Panneerselvam, challenging his removal from the party, appears to have come to naught. On Friday, a Division Bench of Madras High Court dismissed the appeals, refusing to grant any relief. The Bench also declined to interfere with the July 2022 resolution of the party General Council elevating Edappadi K Palaniswami as the sole leader of the party.
Besides OPS, his staunch supporters R Vaithilingam, JCD Prabhakar, and PH Manoj Pandian have challenged the single judge upholding the convening of the AIADMK General Council on July 11, 2022, in which they were expelled and EPS was crowned as the sole leader by abolishing the dual leadership. Till then, the party had OPS as the Coordinator and EPS as the Joint Coordinator of the AIADMK.
Dismissing their petitions, Justices R Mahadevan and Mohammed Shaffiq in the judgment said: “...while several events have unfolded to the displeasure of the appellants and they approached the courts time and again, and after two rounds of litigation, they had not made out a case to prove that injury that is incapable of being repaired or redressed by trial in the suits, has been caused to them at any point of time.”
The bench also drew attention to the party constitution which had made it clear that members have no right to resort to Court Proceedings regarding party matters and in the event of any member defying this and moving against the General Secretary's decision he/she would cease to be a member of the party. Further, the party cons also states that the decision of the General Council is final and binding.
Since the Supreme Court, in its judgment of February 2023, had dealt with all the issues connected with the convening of the July 2022 General Council, affirming the order of a Division bench of this Court, the Bench said the convening of the General Council was valid as also the resolutions passed thereon. In its reasoning the Bench said, the issues raised by the petitioners could be decided in the original suit.
Staring at a bleak future, OPS said he would consult on the future course of action. He had already declared his plan to contest the Lok Sabha poll in alliance with TTV Dhinakaran, VK Sasikala's nephew heading the Amma Makkal Munnetra Kazhagam (AMMK).
Jubilant AIADMK workers across the state and in Theni, the native district of OPS, burst crackers and distributed sweets. Reacting to the verdict, EPS said, “It is a judgment which upheld justice and dharma. There is no place in the AIADMK for betrayers.”
Political analysts and legal experts believe this is the end of the road for OPS. “Hereafter, OPS has little or no legal avenue to challenge EPS. Further, he could no longer use the party symbol or its letterhead. The only option for him is to float a party of his own and align with outfits which could accommodate him,” says senior counsel KM Vijayan.
