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2022 Supreme(Mad) 853

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DURAISWAMY, SUNDER MOHAN, JJ.
Thiru. K. Palaniswamy, Joint Co-Ordinator/Party Head Quarter’s Secretary, AIADMK, Chennai – Appellant
Versus
Thiru O. Panneerselvam, Co- Ordinator/Treasurer, AIADMK, Chennai & Others – Respondents
O.S.A.Nos. 227, 231 & 232 of 2022 & C.M.P. Nos. 13833, 13853 & 13855 of 2022
Decided on : 02-09-2022

Advocate Appeared:
For the Appellant :C.S. Vaidyanathan, C. AryamaSundaram, Vijay Narayan, Senior Counsel for K. Gowtham Kumar, E. Balamurugan, N.S. Amogh Sinha, P. Manoj Kumar, Advocates
For the Respondents:R. Gurukrishna Kumar, Counsel for P. Rajalakshmi, A.K. Sriram for N. Pasupathi, P.H. Arvind Pandian, Senior Counsel for C. Thirumaran, R.V. Babu, R5 R6, Balaji Srinivasan for M. Jothi Kumar, M.D. Ilayaraja, M. Tamilarasan, S.R. Rajagopal, Narmadha Sampath, C. Vigneshwaran, Advocates.

Headnote:(A) Rules and Regulations of Political Parties - Rule 19(vii), 20(A)(v) - Dispute over intra-party leadership and General Council meetings - Issue regarding validity of convening General Council meetings without proper authorization and notice - General Council meeting convened on 11.07.2022 was challenged but deemed valid based on substantial compliance with notice requirements and majority requisition from members - Adequate opportunity given to challenge resolutions post-meeting - If leadership roles are contested, procedures laid out must be followed with clarity and democratic spirit. (Paras 24, 30, 32, 36, 50)

(B) Principle of Intra-Party Democracy - The General Council is recognized as the supreme body with authority to amend party bye-laws, with elections being essential for maintaining democratic structure within the party. (Paras 10, 26, 38)

(C) Nature of Interim Relief - The court may grant interim relief to prevent irreparable harm while weighing the prima facie case against balance of convenience - Declines to restrain General Council meeting after considering prior court directives and party structure. (Paras 27, 28, 40)

Findings of Court:
The court determined no substantive rights were infringed, thus supporting the General Council's convening effects, and maintaining procedural integrity despite ongoing disputes over leadership.

Issues: 1) The legality of convening the General Council Meeting without adequate authorization and notice. 2) The balance of convenience relative to maintaining party function amidst leadership disputes.

Ratio Decidendi: The court upheld the validity of the General Council meetings and resolutions based on members' consent and requisite majority, thus ensuring compliance with internal party regulations and promoting intra-party democracy.

Result: Appeals allowed and original applications dismissed, affirming procedural correctness in party governance.

Table of Content
1. overview of the original side appeals. (Para 1 , 2 , 3)
2. details about the suits filed by respondents. (Para 5 , 6)
3. execution of interim injunctions and related applications. (Para 9 , 10 , 11)
4. plaintiff's locus standi and sufficiency of notice. (Para 12)

JUDGMENT :

M. Duraiswamy, J.

(Prayer: O.S.A.No 227 of 2022: Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letter Patent Appeal to set aside the impugned order dated 17.08.2022 passed in O.A.No.368 of 2022 in C.S.No.118 of 2022.

O.S.A.No 231 of 2022 : Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letter Patent Appeal to set aside the impugned order dated 17.08.2022 passed in O.A.No.370 of 2022 in C.S.No.119 of 2022.

O.S.A.No 232 of 2022 : Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letter Patent Appeal to set aside the impugned order dated 17.08.2022 passed in O.A.No.379 of 2022 in C.S.No.119 of 2022.)

O.S.A.No 227 of 2022 has been filed by the 5th defendant in C.S.No.118 of 2022, challenging the fair and decreetal order passed by the learned Single Judge in O.A.No.368 of 2022 in C.S.No.118 of 2022.

2. O.S.A.No 231 of 2022 has been filed by the 4th defendant in C.S.No.119 of 2022, challenging the common order passed by the learned Single Judge in O.A.No.370 of 2022 in C.S.No.119 of 2022

3. O.S.A.No 232 of 2022 has been filed by the 4th defendant in C.S.No.119 of 2022, challenging the common order passed by the learned Single Judge in O.A.No.379 of 2022 in C.S.No.119 of 2022.

4. Since all the above Original Side Appeals are filed against the common order passed by the learned Single Judge in O.A.No.368 of 2022 in C.S.No.118 of 2022 and O.A.Nos.370 and 379 of 2022 in C.S.No.119 of 2022, by consent of all the learned Senior Counsel on either side, they are disposed of by this Common Judgment.

5. C.S.No.118 of 2022 has been filed by the 1st respondent in O.S.A.No.227 of 2022 for the following reliefs:-

    a) For a Declaration that convening the General Council Meeting on 11.07.2022 or on any other date, without the joint authorization of both Co-Ordinator and Joint Co-Ordinator is illegal, and in contravention to the Bye-Laws of the 1st Defendant Party, more particularly, Rule 20A(iv) and 20A(v) of the rules and regulations of AIADMK Party.

    b) For a Permanent Injunction restraining the Defendants from convening the General Council Meeting on 11.07.2022 or on any other date without the express authorization of both the Co-Ordinator and Joint Co-Ordinator

    c) the Costs; and

    d) And to pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

6. C.S.No.119 of 2022 has been filed by the 1st respondent in O.S.A.Nos.231 and 232 of 2022 for the following reliefs:-

    a) For a Permanent Injunction restraining the defendants from convening the General Council Meeting on 11.07.2022 or on any other date, without the express authorization of both Co-Ordinator and Joint Co-Ordinator.

    b) For a Permanent Injunction restraining the Defendants or any other office bearer of the Party to convene the General Council Meeting on 11.07.2022 or on any other dated without giving its Members, a 15 days- notice in advance as contemplated in the rules of the 1st defendant party

    c) the costs; and

    d) And to pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

7. In C.S.No.118 of 2022, the 1st respondent in O.S.A.No.227 of 2022 filed an Application in O.A.No.368 of 2022 seeking for an order of interim injunction restraining the appellants and the respondents 2 to 6 from convening a General Council Meeting on 11.07.2022 or on any other date without the express authorization of both the Co-Ordinator and Joint Co-Ordinator of the 2nd respondent party, pending disposal of the suit.

8. In C.S.No.119 of 2022, the 1st respondent in

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