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IN THE BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. SATHISH KUMAR, J.
K. Palaniswami – Appellant
Versus
O. Panneerselvam – Respondent
O.A. Nos. 787 to 790 of 2023 in C.S. No. 181 of 2023
Decided on : 18-03-2024
Injunction - Political Party Dispute - Bye-law 4 - The judgment discusses the legal framework applied by the court in reaching its decision. It highlights the long usage of the flag, which has acquired proprietary rights of the political party, and the absence of a provision for registration of the flag. The court emphasizes that the resolution expelling the defendant from the primary membership and the post of Coordinator, which has not been disturbed, holds good. The court also considers the conduct of the parties and the potential confusion among the party cadres if the defendant is not restrained from claiming party status.
Fact of the Case:
The plaintiff, as the General Secretary of the All India Anna Dravida Munnetra Kazhagam (AIADMK) Party, filed a suit seeking permanent injunction restraining the defendant from interfering with the functioning of the plaintiff as the General Secretary and from using the official letterhead, symbol, and flag of the party. The suit proceeded on the ground that the defendant was removed from the primary membership and the post of Coordinator by a resolution passed in a General Council Meeting.
Finding of the Court:
The court found that the resolution expelling the defendant from the primary membership and the post of Coordinator, which has not been disturbed, holds good. The court also considered the conduct of the parties and the potential confusion among the party cadres if the defendant is not restrained from claiming party status. The court held that the plaintiff has established a prima facie case and the balance of convenience is in his favor, and if the injunction is not granted, it will lead to confusion and irreparable injury to the recognized political party.
Ratio Decidendi: The resolution expelling the defendant from the primary membership and the post of Coordinator, which has not been disturbed, holds good. The court also considered the potential confusion among the party cadres if the defendant is not restrained from claiming party status. The plaintiff has established a prima facie case and the balance of convenience is in his favor, and if the injunction is not granted, it will lead to confusion and irreparable injury to the recognized political party.
Final Decision: The court granted the injunction as prayed for by the plaintiff, restraining the defendant from interfering with the functioning of the plaintiff as the General Secretary and from using the official letterhead, symbol, and flag of the party.
JUDGMENT :
(Prayers in O.A.No.787 of 2023: Original Application filed under XIV Rule 8 of O.S.Rules read with Order 39 Rule 1 and 2 of Code of Civil Procedure, praying for issuance of interim injunction restraining the respondent/defendant, his men and any other person claiming under him from interfering with the functioning of the plaintiff as the General Secretary of the All India Anna Dravida Munnetra Kazhagam (AIADMK) Party pending disposal of this suit.
In O.A.No.788 of 2023: Original Application filed under XIV Rule 8 of O.S.Rules read with Order 39 Rule 1 and 2 of Code of Civil Procedure, praying for issuance of interim injunction restraining the respondent/defendant, his men and any other person claiming under him from holding out as the Coordinator or as a primary member of the All India Anna Dravida Munnetra Kazhagam (AIADMK) Party pending disposal of this suit.
In O.A.No.789 of 2023: Original Application filed under XIV Rule 8 of O.S.Rules read with Order 39 Rule 1 and 2 of Code of Civil Procedure, praying for issuance of interim injunction restraining the respondent/defendant, his men and any other person claiming under him from using the official letter head reserved symbol two-leaves and the official flag of the All India Anna Dravida Munnetra Kazhagam (AIADMK) party pending disposal of this suit.
1. Original Application in O.A.No.787 of 2023 has been filed seeking to pass an order of interim injunction restraining the respondent/defendant, his men and any other person claiming under him from interfering with the functioning of the plaintiff as the General Secretary of the All India Anna Dravida Munnetra Kazhagam (AIADMK) Party pending disposal of this suit;
Original Application in O.A.No.788 of 2023 has been filed seeking to pass an order of interim injunction restraining the respondent/defendant, his men and any other person claiming under him from holding out or claiming as the Coordinator or as a primary member of the All India Dravida Munnetra Kazhagam (AIADMK) Party pending disposal of this suit; and
Original application in O.A.No.789 of 2023 has been filed seeking to pass an order of interim injunction restraining the respondent/defendant, his men and any other person claiming under him from using the official letter head reserved symbol two-leaves and the official flag of the All India Anna Dravida Munnetra Kazhagam (AIADMK) party pending disposal of this suit.)
2. The suit in C.S.No.181 of 2023 has been filed praying to pass a judgment and decree of permanent injunction restraining the defendant, his men and any other person claiming under him from interfering with the functioning of the Plaintiff as the General Secretary of All India Anna Dravida Munnetra Kazhagam (AIADMK) Party.
3. Though all these three applications have been filed for different relief, the facts leading to the filing of all these applications are one and the same, this court is inclined to dispose of the same by way of this common order.
4. For the sake of convenience, the parties in these applications will be referred to as per their array in the suit.
5. The facts leading to the filing of these applications, in brief, are as under:-
(ii) The respondent herein was previously a member and an office bearer of the AIADMK party. He was expelled from the primary membership on 11.07.2022 by the General Council of the party for several anti-party activities including ransacking of the party headquarters situated at Royapettah in Chennai.
(iii)AIADMK party was originally founded by Dr.M.G.Ramachandran. It is a recognized political party in the State of Tamil Nadu and Union Territory of Puducherry registered with the Election Commission of India. After the demise of Dr.M.G.Ramachandran, the party was led by its then General Secretary Dr.J.Jayalalithaa. She passed away on 05.12.20
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