AIADMK Leadership Row: SC Affirms Madras HC Order Allowing Palaniswamy To Continue His Post

The Supreme Court on Thursday affirmed Madras High Court division bench order allowing Edappadi K Palaniswami (EPS) to continue as the interim general secretary of the AIADMK.
The single bench has also made absolute its interim order passed on July 6, 2022 staying the Madras High Court order dated June 23, 2022, which restrained the AIADMK General Council from passing any resolutions.
On January 12,2023, a division bench of Justice Dinesh Maheswari and Justice Hrishikesh Roy had reserved judgment on the matter.
While reading out the opertive portions, Justice Maheshwari clarified that the Court’s observations are related to the interim orders issued by the High Court and have no bearing on the suit pending in the High Court concerning the disputes between O Paneerselvam (OPS) and Edappadi K Palaniswami (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 11,2022.
The court dismissed OPS’s petitions challenging that order.
According to the bye-laws, the general council meetings can only be called with the permission of both OPS and ESP.
The division bench, however, overturned the temporary decision for the status quo after noting that it would result in a “functional deadlock” because OPS and EPS were unable to work cooperatively.
The key event in the dispute is the party’s general council meeting on July 11, 2022.
At that meeting, the AIADMK executive council dismissed O. Panneerselvam (OPS) from the party for engaging in “anti-party actions” and named former chief minister Edappadi K. Palaniswami (EPS) as the party’s interim general secretary.