SC affirmed order of Madras High Court allowing Edappadi Palaniswamy to continue as the interim general secretary of party

SC affirmed order of Madras High Court allowing Edappadi Palaniswamy to continue as the interim general secretary of party

As a setback for O Paneerselvam (OPS) in the suits involving the AIDAMK leadership dispute, the Madras High Court division bench's decision to uphold Edappadi Palaniswamy's (EPS) appointment as the party's interim general secretary was upheld by the Supreme Court on February 23. 

The Madras High Court ruling dated June 23, 2022, prohibiting the AIADMK General Council from adopting any resolutions, has also been overturned by the court, making its interim order from July 6, 2022, which stayed it, absolute. 

On January 12, a division bench consisting of Justices Dinesh Maheswari and Hrishikesh Roy had reserved judgement.

When reading out the opertive portions, Judge Maheshwari made it clear that the Court's observations only apply to the temporary orders issued by the High Court and have no influence on the lawsuit currently before the High Court concerning the disagreements between OPS and EPS. All other matters in the case are still up for decision by the court. The Court further stated that it had not addressed the issues raised by the suit's claims about the legality of the general council meeting on July 11, 2022.

The Madras High Court's division bench reversed a single bench decision on September 2, 2022 to maintain the status quo with regard to the AIADMK leadership as it was prior to Edappadi Palanisamy's election as the party's interim general secretary on July 11. The court dismissed OPS's petitions challenging that decision. According to the bye-laws, the general council meetings can only be called with the permission of both OPS and ESP, the single bench had noted. The division bench, however, overturned the temporary decision for the status quo after noting that it would result in a "functional impasse" because OPS and EPS were unable to work cooperatively.

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