AIADMK rift: SC allows OPS and other expelled members to participate in General Council Meet for selecting bypoll candidate

The Supreme Court in the case Thiru K. Palaniswamy Versus M. Shanmugam & Ors observed and has allowed the 3 expelled members of the AIADMK, which includes the former Tamil Nadu Chief Minister O Paneerselvam (Ops)-for participating in the party’s General Council Meet for selecting the candidate for the Erode East by-poll for the upcoming bye-elections.

The bench comprising of Justice Dinesh Maheshwari and Justice Hrishikesh Roy in the case observed and has passed the interim directions, wherein the court considered the fact that the last date for the nomination being for the by-poll is February 7 and a workable solution appeared to be in the interest of the AIADMK and in the interest and propagation of democracy.

Therefore, the bench passed the following interim arrangements only in relation to the forthcoming bye-elections. In the said regards, without being the prejudice to the rights of any other parties and conferring any additional right to any of the parties. The said court ordered the following:

1. As it has been agreed by the counsel appearing for

Respondent 1 (Edappady Palaniswamy), the said proposal with regards to choosing the candidate of the party shall be put for consideration and the final decision is taken by the General Council of the party.

2. The court with regards to the decision making process and looking at the time constraints, it is also been provided that such a process may be taken up by way of putting necessary resolutions through consideration by circulation.

3. In the said process the decision making by the general council for arriving at the name of the candidate to be put up by the party in the coming election, the (three) appellants with regards whom a dispute has been raised and it is alleged that they have been expelled from the party, the said court shall not operate such expulsions so far as the present purpose i.e., decision by the General Council to choose candidate for the byeelections. In other words, the aforesaid three persons for the present purpose shall be entitled to put forward their views too and for the circulation process for this limited purpose of selection to the candidate.

4. The ultimate decision of the General Council with regards to choosing of the candidate, it shall be conveyed to the ECI by Presidium Chairman Tamil Magan Hussain, if the said communication is being determined to be authorised by the party for the limited purpose of putting up of candidate in the ensuing bye election. Further, it has been made clear by the bench that the judgement in the main matter remains reserved and this interim arrangement neither confers nor takes away any additional right of any party.

The court made the arrangements by way of this order shall remain confined to the process of election pertaining to bye-elections and not beyond.

The court is to forward the said copy to the parties as also to the Election Commissioner forthwith.

Earlier this month, the Supreme Court reserved its judgement in a batch of petitions which relates to the political tussle between the two factions of AIADMK- - Edappadi Palaniswami (EPS) and AIADMK leader and former Tamil Nadu Chief Minister O. Panneerselvam (OPS) for leadership.

Accordingly, the said notice has been issued by the court in the matter in September 2022.