Expulsion Of AIADMK Leader Manoj Pandian: Madras HC Refuses Ex-Parte Interim Order - Legally Speaking legally-speaking.
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Expulsion Of AIADMK Leader Manoj Pandian: Madras HC Refuses Ex-Parte Interim Order

Madras HC

Expelled AIADMK leader Manoj Pandian has filed a petition in the Madras High Court challenging the AIADMK Party’s resolutions enacted on July 11, 2022.

The resolutions dismissed Pandian and others from the party, including former CM O Paneerselvam, and nominated Edappadi Palaniswami as acting general secretary.

 A single bench of Justice Senthilkumar Ramamoorthy stated that the court was unlikely to provide ex parte interim orders. The bench also ordered the respondents to submit counter-claims.

Pandian contended in his application that the decisions passed at the General Council meeting on July 11th were void, non-est in law, and unsustainable. He went on to say that the resolutions violated the party’s constitution.

Pandian contended that his expulsion from the party was without cause and consequently violated natural justice norms. Furthermore, he said that there was no mention of any resolution to remove Pandian and other members from the meeting agenda. He further claimed that no charges were filed against him or any other members prior to their expulsion, nor were they given the opportunity to defend themselves.

According to the Party’s bye-laws, only the Coordinator and the Joint Coordinator have the authority to conduct disciplinary action. He claimed that the general council had no say in the disciplinary processes against party members.

Manoj Pandian further submitted that considering the fact that he was a sitting MLA, if the resolution regarding his termination from the party was upheld, it would have severe ramifications in his functioning in the Tamil Nadu Legislative Assembly.

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