The main legal point established in the judgment is the lawful authority of the Coordinator and Joint Coordinator of the AIADMK party to take disciplinary action against its members, and the requirement for specific imputations to constitute defamation.

JUDGMENT

(Common Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.29 of 2021 on the file of Additional Special Court for Trial of Criminal Cases related to Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai for the alleged offence punishable under Section 499 and 500 of the Indian Penal Code and quash the same as against the petitioners.)

Common Order

1. This Criminal Original Petition has been filed to quash the proceedings in C.C.No.29 of 2021, on the file of the Additional Special Court for Trial of Criminal Cases related to Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai.

2. The gist of the case is that the respondent is a businessman, social worker, who was associated with All India Anna Dravida Muneetra Kazhagam [AIADMK] political party. The respondent contested in the State Assembly Elections and he is staunch follower of Thanthai Periyar, Aringnar Anna and M.G.R. He was also one of the close aid of Former General Secretary of AIADMK Party and Former Chief Minister of Tamil Nadu late Selvi.J.Jayalalitha. The respondent earned good reputation over several decades in the said party, by relentlessly and sincerely carrying out the reasonable dictates of the party high command. Considering his sincerity and dedication in the growth of AIADMK Party, the respondent was made the State Secretary of Karnataka State for many years. He was appointed as incharge and coordinator for Hosur Assembly Constituency during the year 2001-2006, Srirangam Assembly Constituency of the year 2011 and Puducherry Assembly Elections of the year 2016, he was involved in drafting of the Election, Manifesto. He was also incharge of Krishnagiri Parliamentary Constituency during the year 2004, 2009 and 2014 and Dharmapuri Parliamentary Constituency during the year 2014. After the demise of Former AIADMK General Secretary and Former Chief Minister of Tamil Nadu Selvi.J.Jayalalitha in December 2016, the AIADMK party was split in two groups. The respondent supported the group led by TTV Dinakaran. During this period, AIADMK party abolished the General Secretary Post, instead created new posts Coordinator and Joint Coordinator, wherein the 2nd petitioner made as Coordinator and the 1st petitioner as Joint Coordinator.

3. On 07.12.2020, the petitioners, Coordinator and Joint Coordinator admitted the respondent as Member of AIADMK Party and appointed him as Official Spokesperson of the AIADMK party. As per by-laws, the Spokesperson would automatically become a member of General and Executive Council. The respondent as Spokesperson addressed several public meetings all over Tamil Nadu including Election Public Meetings and attracted huge public crowd by his impressive and eloquent speech. As an official spokesperson, he was discharging his duties with appreciation. He took part in several TV channel debates, and defended his AIADMK party by giving proper and relevant answers and replies to the various types of questions raised by the opponent parties. He also participated in several press meet both in print and visual media. In appreciation of the respondent’s sincerity and hardwork, the petitioners made him as Joint Secretary of AIADMK party’s Puratchi Thalaivi Amma Peravai on 13.02.2021. He was a Star Campaigner for the AIADMK Party and he campaigned all over Tamil Nadu. During elections he campaigned for the 2nd petitioner, in Bodinayakanur Constituency. As a Executive and General Council Member, he participated in AIADMK Party’s Executive Council Meeting held on 28.09.2020. On 09.01.2021, again he participated in the AIADMK party’s Executive and General Council meeting held at Vanagaram, Chennai. On 14.06.2021, a meeting was convened at the party’s headquaters for electing the opposition leader and other office bearers for the Legislative Assembly.

4. On 14.06.2021, the petitioners announced that the res