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2023 Supreme(SC) 152

DINESH MAHESHWARI, HRISHIKESH ROY
Thiru K. Palaniswamy – Appellant
Versus
M. Shanmugam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Guru Krishna Kumar, Sr. Adv. Mrs. P. Rajalakshmi, Adv. Mr. Goutham Shivshankar, AOR Ms. Ruchira Goel, Adv. Mr. Shantanu Singh, Adv. Mr. Ravi Sehgal, Adv. Mr. Adit Jayeshbhai Shah, Adv. Mr. C Aryama Sundaram, Sr. Adv. Mr. Mukul Rohtagi, Sr. Adv. Mr. C.S. Vaidyanathan, Sr. Adv. Mr. K.V. Vishwanathan, Sr. Adv. Mr. Arul Yeshwant Chitale, Sr. Adv. Mr. Vijay Narayanan, Sr. Adv. Mr. Balaji Srinivasan, AOR Mr. K Gowtham Kumar, Adv. Mr. Shiva Krishnamurti, Adv. Ms. Gauri Pasricha, Adv. Ms. Aakriti Priya, Adv. Mr. Rohan Dewan, Adv. Mr. Devamshu Behl, Adv. Mrs. Lakshmi Rao, Adv. Ms. Rohini Musa, Adv. Mr. Balamurugan, Adv. Mr. Babu Murugavel, Adv. Mr. Inbadurai, Adv. Mr. Vinayak Goel, Adv. Mr. Prabhu V, Adv. Ms. Diksha Rai, AOR Mr. Ankit Agarwal, Adv. Mr. Gowtham Kumar, Adv. Mr. Prateek Dhankhar, Adv. Ms. Awantika Manohar, AOR Mr. Vinodh Kanna B., AOR Ms. Shagufa Khan, Adv.
For the Respondent(s): Mr. C Aryama Sundaram, Sr. Adv. Mr. Mukul Rohtagi, Sr. Adv. Mr. C.S. Vaidyanathan, Sr. Adv. Mr. K.V. Vishwanathan, Sr. Adv. Mr. Atul Yeshwanth Chitale, Sr. Adv. Mr. Atul Yeshwant Chitale, Sr. Adv. Mr. Vijay Narayanan, Sr. Adv. Mr. Balaji Srinivasan, AOR Mr. K Gowtham Kumar, Adv. Mr. Shiva Krishnamurti, Adv. Ms. Gauri Pasricha, Adv. Ms. Aakriti Priya, Adv. Mr. Rohan Dewan, Adv. Mr. Devamshu Behl, Adv. Mrs. Lakshmi Rao, Adv. Ms. Rohini Musa, Adv. Mr. Balamurugan, Adv. Mr. Babu Murugavel, Adv. Mr. Prabhu V, Adv. Mr. Vinayak Goel, Adv. Mr. Inbadurai, Adv. Mr. Guru Krishna Kumar, Sr. Adv. Mrs. P. Rajalakshmi, Adv. Mr. Goutham Shivshankar, AOR Ms. Ruchira Goel, Adv. Mr. Shantanu Singh, Adv. Mr. Ravi Sehgal, Adv. Mr. Adit Jayeshbhai Shah, Adv. Mr. Pai Amit, AOR Ms. Pankhuri Bhardwaj, Adv. Mr. A.t. Nagendran, Adv. Ms. Sonali Suryawanshi, Adv. Mr. Rohit R. Saboo, Adv. Mr. Abhiyudaya Vats, Adv. Mr. Vinodh Kanna B., AOR Ms. Shagufa Khan, Adv. Ms. Garima Jain, AOR Mr. Arunava Mukherjee, AOR Mr. P.V. Yogeswaran, Adv. Mr. Ashish Kumar Upadhyay, Adv. Mr. Y. Lokesh, Adv. Mr. V. Sibi Kargil, Ms. Maitri Goal, Adv. Mr. V. Kandha Prabhu, Adv. Mr. Surya Narayan Patro, Adv. Mr. Akshat Shrivastava, AOR Mr. V.N.Subramaniam, Adv. Ms. Anzu. K. Varkey, AOR Mr. V.M.Eashwar, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. 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 (!) (!) .

  2. 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 (!) (!) .

  3. 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 (!) (!) .

  4. 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 (!) (!) (!) .

  5. 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 (!) (!) (!) (!) .

  6. 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 (!) (!) .

  7. 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 (!) (!) (!) .

  8. 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 (!) (!) (!) .

  9. 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 (!) (!) (!) .

  10. 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 (!) (!) (!) .

  11. 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 (!) (!) (!) .

  12. 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 (!) (!) (!) .

  13. 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 (!) (!) (!) .

  14. 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 (!) (!) (!) .

  15. 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)

DINESH MAHESHWARI, J.

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.

3.1. 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 stru

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