SUPREME COURT OF INDIA
DINESH MAHESHWARI, HRISHIKESH ROY, JJ.
Thiru K. Palaniswamy – Appellant
Versus
M. Shanmugam & Ors. - Respondents
Civil Appeal No. 1392 of 2023 (Arising Out Of SLP(Civil) No. 11237 OF 2022) With Civil appeal no. 1393 of 2023 (Arising Out Of SLP(Civil) No. 11579 of 2022) Civil Appeal No. 1394 of 2023 (Arising Out Of SLP(Civil) No. 11578 of 2022) Civil Appeal No. 1395 of 2023 (Arising Out Of SLP(Civil) No. 15753 of 2022) Civil Appeal Nos. 1396-1397 of 2023 (Arising Out Of SLP(Civil) Nos. 15705-15706 OF 2022)
Decided on : 23-02-2023
Certainly. Based on the provided legal document, the key points are as follows:
The dispute centers around the internal management and governance of the political party AIADMK, particularly concerning the validity of meetings, amendments to the party’s byelaws, and the authority of office bearers to convene meetings (!) (!) .
The core issue involves the legality of the meetings held on 23.06.2022 and 11.07.2022, and the authority of the persons who convened these meetings, especially in the context of internal party rules and amendments to the byelaws (!) (!) .
The courts have consistently emphasized that internal party matters generally fall within the domain of the party’s own rules and internal decision-making processes. Judicial intervention is limited and typically permissible only when there is a clear violation of procedural rules or a patent illegality (!) (!) .
Several civil suits and interim applications have been filed, seeking to restrain or validate the meetings, with courts initially refusing interim relief and allowing the meetings to proceed, citing the importance of internal party autonomy and the absence of any clear procedural irregularity at that stage (!) (!) (!) .
The courts have observed that the authority to convene a General Council meeting rests with the designated office bearers, such as the Co-ordinator and Joint Co-ordinator, and that their joint action is necessary for lawful convening. Any action taken without proper authority or without following prescribed notice periods is likely to be invalid (!) (!) (!) (!) .
The courts have highlighted that the internal rules specify that notices for regular meetings and special requisitioned meetings may differ in formality and procedural requirements, such as the notice period. Proper adherence to these rules is crucial for the validity of such meetings (!) (!) .
The courts have recognized a "functional deadlock" within the party due to disagreements between the Co-ordinator and Joint Co-ordinator, which has led to a situation where normal internal decision-making processes are impeded. This deadlock has been a significant factor in the courts’ considerations regarding interim relief (!) (!) (!) .
The courts have consistently maintained that the primary authority of the party, such as the General Council, has the ultimate power to make decisions, including amendments to the byelaws and leadership elections. However, this authority must be exercised in accordance with the party’s rules and procedures (!) (!) (!) .
The courts have also emphasized that technical irregularities, such as minor procedural lapses or informal notices, do not necessarily invalidate internal meetings if the party members had adequate awareness and the process was substantively in accordance with the rules (!) (!) (!) .
The courts have reiterated that the grant or refusal of interim relief, such as injunctions, involves a careful balancing of factors including the existence of a prima facie case, the likelihood of irreparable injury, and the balance of convenience. The courts exercise their discretion based on these principles, and interference is warranted only when there is arbitrariness or perversity in the lower courts’ exercise of discretion (!) (!) (!) .
Ultimately, the courts have dismissed or set aside the orders of the lower courts that granted interim relief, affirming that the internal management of the party, including the validity of meetings and amendments, falls within the party’s internal domain unless there is clear procedural violation or illegality (!) (!) (!) .
The courts have also clarified that their observations do not extend to the merits of the substantive disputes but are confined to the question of interim relief and procedural correctness in the convening of meetings (!) (!) (!) .
The importance of internal party autonomy and the limited scope of judicial intervention are underscored throughout, with courts emphasizing that internal disputes are primarily to be resolved within the party structure and through its own mechanisms, unless a clear violation of procedural rules or natural justice is established (!) (!) (!) .
The orders and judgments have consistently aimed to maintain the status quo and allow the internal party processes to proceed, while cautioning against judicial overreach into internal governance matters (!) (!) (!) .
The appeals and orders reflect a cautious approach, emphasizing that courts should not substitute their judgment for that of the party’s internal decision-making bodies unless there is unmistakable procedural impropriety or illegality. The courts have also directed the parties to resolve their disputes through internal mechanisms and legal remedies available under the party’s rules and applicable law (!) (!) .
These points encapsulate the primary legal principles, procedural considerations, and the courts’ approach to the internal management disputes within the political party as reflected in the document.
| Table of Content |
|---|
| 1. factual background of aiadmk party structure and changes. (Para 3 , 6) |
| 2. court observations on party management and decision-making. (Para 5 , 16 , 21 , 22) |
| 3. arguments on meeting legality and procedural compliance. (Para 7 , 8) |
| 4. judicial reasoning against granting of temporary injunction. (Para 28 , 29 , 30) |
| 5. final conclusion dismissing appeals and affirming the division bench order. (Para 39) |
JUDGMENT :
DINESH MAHESHWARI, J.
Leave granted.
2. These appeals involving inter-related issues and same set of contesting parties, have been considered together and are taken up for disposal by this common judgment.
3. Before embarking upon the requisite details, a few preliminary comments and brief outline shall be apposite.
3.1. The matters in issue essentially relate to the internal management of a political party, All India Anna Dravida Munnetra Kazhagam1[‘AIADMK’, for short; hereinafter also referred to as ‘the party’ or ‘the political party’.], which is registered with the Election Commission of India. This political party, said to be having the primary cadre consisting of more than 1.5 crore members, has its own byelaws, which have been amended from time to time. The two upper levels of party structure include the Central Executive Committee2[Hereinafter referred to as ‘the Executive Committee’.] and the General Council of the Central Organization3[Hereinafter referred to as ‘the General Council’.]. Though, in the scheme of byelaws, the topmost position in the party was earlier assigned to the General Secretary but, after the demise of the then General Secretary on 05.12.2016, the party organisation went through a sea of changes and ultimately, a system of joint leadership, by Co-ordinator and Joint Co-ordinator, was established by way of amendment of byelaws on 12.09.2017. However, the propositions for further amendments have met with divergent views of different factions within the party and have led to these litigations in as many as at least five civil suits. The prayers for temporary injunction during the pendency of these civil suits have led to different orders at different stages by the High Court of Judicature at Madras on the Original side and on the Appellate side as also by this Court.
3.2. For introductory purposes, we may indicate that in the first three civil suits, being CS Nos. 102 of 2022, 106 of 2022 and 111 of 2022, various applications seeking interim reliefs were dealt with by an order dated 22.06.2022 whereby, the learned Single Judge of the High Court declined to grant any injunction against the meeting of the General Council scheduled to be held on 23.06.2022. This order was challenged by one of the plaintiffs in an intra-court appeal, OSA No. 160 of 2022; and therein, by an order dated 23.06.2022, as passed after an early morning hearing, the Division Bench of the High Court, though allowed the said scheduled meeting of the General Council but, placed fetters on its scope by providing that no decision shall be taken on any other matter except 23 items of draft resolution. The said order dated 23.06.2022 came to be challenged in this Court in the three appeals arising out of Special Leave Petition (C) Nos. 11237 of 2022, 11578 of 2022 and 11579 of 2022 in this batch of matters. By way of an interim order dated 06.07.2022, this Court stayed the operation and effect of the said order dated 23.06.2022 and further to that, the next proposed meeting of the General Council slated to be held on 11.07.2022 was also permitted but while leaving it open to the parties to seek any other interim relief before the learned Single Judge dealing with the civil suits. Before the aforesaid order dated 06.07.2022 by this Court, two more civil suits, being CS Nos. 118 of 2022 and 119 of 2022, came to be filed before the High Court against the said proposed meeting dated 11.07.2022. Therein again, a learned
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