HC restrains OPS from using ‘Two Leaves’ symbol, flag of AIADMK
The Madras High Court on Monday restrained expelled AIADMK leader O. Panneerselvam from using the party’s flag, ‘Two Leaves’ symbol and 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 till the disposal of a civil suit filed by the latter in September 2023 seeking permanent injunctions against the expelled leader.
‘Irreparable loss’
The judge agreed with senior counsel Vijay Narayan, assisted by K. Gowtham Kumar, that Mr. Palaniswami would suffer irreparable loss due to confusion among the party cadre, if the expelled leader was not restrained from continuing to project himself as the party leader, especially during the Lok Sabha polls.
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 that mere pendency of a challenge to the expulsion proceedings could not be a justification to continue interfering in 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,” he said.
The judge also stated that Mr. Panneerselvam might call himself the coordinator of his own faction or of any other body, but he could not call himself the coordinator of the AIADMK, which was a recognised political party from which he had been expelled through a resolution passed during its general council meeting.
Mr. Panneerselvam’s claim over party leadership, even after the expulsion, would lead to serious consequences of creating confusion among party cadre, 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 said.