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1994 Supreme(Mad) 406

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE GOVARDHAN
K. Anbazhagan
Versus
M. Kannappan and others
O.A.No.342 of 1994 in C.S.No.424 of 1994
Decided On : 26-04-1994

M/s. K.V. Venkatapathi, R. Shanmugasundaram, P. Wilson, Advocates for Applicant. Mr. A.L. Somayaji Senior Advocate, Mr. R. Gandhi Senior Advocate, Mr. G. Subramaniyam Senior Advocate, Mr. K. Ramamurthy Senior Advocate, Mr. D. Krishnan, Senior Advocate for Mr. Ullasavelan, Mr. K.S. Rahakr ishan an, Mr. G. Devadoss, Advocates for Defendants.

Headnote:

The plaintiff, as the General Secretary of the DMK party, filed a suit against the defendants, who were expelled from the party, for a permanent injunction to restrain them from using the name and flag of the party. The defendants contended that they were the real DMK party and that the plaintiff's group had been expelled from the party. The court held that the plaintiff's group was the recognized DMK party and that the defendants were not entitled to use the name and flag of the party.

Fact of the Case:

The plaintiff, as the General Secretary of the DMK party, filed a suit against the defendants, who were expelled from the party, for a permanent injunction to restrain them from using the name and flag of the party. The defendants contended that they were the real DMK party and that the plaintiff's group had been expelled from the party.

Finding of the Court:

The court held that the plaintiff's group was the recognized DMK party and that the defendants were not entitled to use the name and flag of the party.

Issues: Whether the plaintiff's group was the recognized DMK party.

Ratio Decidendi: The court found that the plaintiff's group was the recognized DMK party because it had been registered with the Election Commission of India and had the support of the majority of the General Council members.

Final Decision: The court granted the plaintiff's request for a permanent injunction, restraining the defendants from using the name and flag of the DMK party.

Judgment :

1. The applicant/plaintiff in his affidavit contends briefly as follows:- The applicant has filed the suit against the defendants for permanent injunction in his capacity as the General Secretary of Dravida Munnetra Kazhagam, herein after called the DMK party, which is a political party recognised by the Election Commission of India. The applicant is the General Secretary of the party having been elected continuously for the fourth time, since 1977. He was elected by its present General Council, which is the 9th General Council, at its first meeting after the party elections, as per Rule 18(3) of the Rules and Regulations governing the party. The members of the General Council are elected as per Rule 18(2) of the party Constitution. The 9th General Council at its first meeting on 6. 1992 elected Thiru M.Karunanidhi, as President, the applicant as the General Secretary and Mr.S.J.Sadiq Basha as the Treasurer. The General Council of the DMK party had elected Thiru.M.Karunanidhi, as the President of the party for the 6th consecutive time from 1969 and he was elected as the Chief Minister of Tamil Nadu by the legislators after the demise of the party leader Dr.Arignar Anna. The applicant had joined the party as a founder member along with Dr.Arignar Anna and he had also served as a cabinet Minister from the year 1971 in the DMK Government in the State of Tamil Nadu. The applicant became the Treasurer and thereafter elected unanimously as the General Secretary for four times from the Year 1977. As per Rule 20(1) of the DMK party Constitution, all the administrative responsibilities will be attended and managed by the applicant as the General Secretary. As per Rule 20(7) of the Party Constitution, the General Secretary is responsible for conducting litigation on behalf of the party in legal issues that may arise relating to the properties belonging to the party. The DMK party under the Presidentship of Thiru.M.Karunanidhi, has been registered under section 29 A of the Representation of the People Act. The majority of the General Council Members and party cadres support the President and the General secretary of the party and the party under the Presidentship of Thiru.M.Karunanidhi, is continued to be recognised by the Election Commission of India as the DMK party.

2. On 2nd October, 1993, the Chief Secretary of the Government of Tamil Nadu has sent a communication to Thiru.M.Karunanidhi, stating that the Government was informed by a Central Government Intelligence agency that it had unearthed a plan to assassinate the DMK President by the LTTE, to promote the interest of the Rajyasabha M.P. Thiru V.Gopalaswamy, in the DMK party. The letter has requested the President to convey his consent for providing him adequate security. Thiru M.Karunanidhi was advised by the senior leaders of the party, including the applicant and other well wishers to accept the security protection to be provided by the State Government as a measure of precaution. The defendants and other disgruntled persons in the DMK party took this opportunity to criticise the DMK party high command by saying that Thiru V.Gopalaswamy was falsely accused of his involvement in the conspiracy to assassinate the DMK President. They attempted to confuse the members of the party by suggesting that the high command was unreasonably accusing one of its members of a plot to kill its President. Thiru M.Karunanidhi and the applicant made it clear that no member of the DMK party was either directly or indirectly accused of a plot to kill the Party President and invited the respondents to discuss with them in person and to clear the doubts if any. Inspite of it, the respondents continued to address public meetings and issue press statements accusing the party high command of fabricating the report of the Central Government Intelligence Agency and conspiring to involve Thiru V.Gopalaswamy in a plot to kill Thiru M.Karunanidhi. The above act of indiscipline by the fourth respo




































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