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2023 Supreme(Online)(MAD) 13319
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Original Side Appeal Nos. 68 to 78 of 2023 and CMP. Nos.7421, 7423, 7424, 7426, 7427, 7429, 7519, 7521, 7536, 7547, 7556, 7557, 7558 and 7563 of 2023 and 11641 of 2023 ---
O.S.A. No. 68 of 2023 O. Panneerselvam Co-ordinator/Treasurer, AIADMK having office at No.226 Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Appellant Versus
1. All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. The General Council All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. Edapadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary AIADMK having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 69 of 2023 O. Panneerselvam Co-ordinator/Treasurer, AIADMK having office at No.226 Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Appellant Versus
1. The All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. The General Council All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. Edapadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary AIADMK having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 70 of 2023 O. Panneerselvam Co-ordinator/Treasurer, AIADMK having office at No.226 Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Appellant Versus
1. The All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. The General Council All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. Edapadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary AIADMK having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 71 of 2023 R. Vaithilingam .. Appellant Versus
1. The All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edapadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 72 of 2023 R. Vaithilingam .. Appellant Versus
1. The All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edapadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 73 of 2023 J.C.D. Prabhakar .. Appellant Versus
1. The All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edappadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 74 of 2023 Paul Manoj Pandian @ P.H. Manoj Pandian .. Appellant Versus
1. All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edappadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 75 of 2023 R. Vaithilingam .. Appellant Versus
1. All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edappadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 76 of 2023 Paul Manoj Pandian @ P.H. Manoj Pandian .. Appellant Versus
1. All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edappadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 77 of 2023 J.C.D. Prabhakar .. Appellant Versus
1. All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edappadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 78 of 2023 J.C.D. Prabhakar .. Appellant Versus
1. All India Anna Dravida Munnetra Kazhagam rep. by its Co-ordinator and Joint Co-ordinator having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
2. General Council of All India Anna Dravida Munnetra Kazhagam rep. by its Presidium Chairman having office at No.226/275, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
3. O. Panneerselvam Co-ordinator/Treasurer All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014
4. Edappadi. K. Palaniswami Joint Co-ordinator/Party Head Quarter's Secretary All India Anna Dravida Munnetra Kazhagam having office at No.226, Avvai Shanmugam Salai Royapettah, Chennai - 600 014 .. Respondents O.S.A. No. 68 of 2023:- Original Side Appeal filed under Order 36 Rule
4 of O.S. Rules read with Clause 15 of Letters Patent against the order dated
28.03.2023 passed in O.A. No. 251 of 2023 in C.S. No. 62 of 2023 O.S.A. No. 69 of 2023:- Original Side Appeal filed under Order 36 Rule
4 of O.S. Rules read with Clause 15 of Letters Patent against the order dated
28.03.2023 passed in O.A. No. 250 of 2023 in C.S. No. 62 of 2023 O.S.A. No. 70 of 2023:- Original Side Appeal filed under Order 36 Rule
4 of O.S. Rules read with Clause 15 of Letters Patent against the order dated
28.03.2023 passed in O.A. No. 249 of 2023 in C.S. No. 62 of 2023 O.S.A. No. 71 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated
28.03.2023 passed in O.A. No. 237 of 2023 in C.S. No. 56 of 2023 O.S.A. No. 72 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated
28.03.2023 passed in O.A. No. 221 of 2023 in C.S. No. 56 of 2023 O.S.A. No. 73 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated
28.03.2023 passed in Application No. 220 of 2023 in C.S. No. 55 of 2023 O.S.A. No. 74 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 28.03.2023 passed in Original Application No. 164 of 2023 in C.S. No. 47 of
2023 O.S.A. No. 75 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 28.03.2023 passed in Original Application No. 222 of 2023 in C.S. No. 56 of
2023 O.S.A. No. 76 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 28.03.2023 passed in Original Application No. 235 of 2023 in C.S. No. 47 of
2023 O.S.A. No. 77 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 28.03.2023 passed in Original Application No. 219 of 2023 in C.S. No. 55 of
2023 O.S.A. No. 78 of 2023:- Original Side Appeal filed under Order 36 Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 28.03.2023 passed in Original Application No. 236 of 2023 in C.S. No. 55 of
2023 O.S.A. Nos. 68, 69 and 70 of 2023 For Appellants : Mr. P.S. Raman, Senior Counsel & Mr. Guru Krishna Kumar, Senior Counsel for Mrs. P. Rajalakshmi For Respondents : Mr. C.S. Vaidyanathan, Senior Counsel & Mr. Vijay Narayan, Senior Counsel for Mr. K. Gowtham Kumar & Mr. E. Balamurugan O.S.A. Nos. 71, 72 and 75 For Appellants : Mr. C. Manishankar, Senior Advocate for Mr. S. Elambharathi For Respondents : Mr. C.S. Vaidyanathan, Senior Counsel & Mr. Vijay Narayan, Senior Counsel for Mr. K. Gowtham Kumar (R1, R2 & R4)
& Mrs. P. Rajalakshmi (R3)
O.S.A. Nos. 74 and 76 of 2023 For Appellants : Mr. Abdul Saleem, Senior Counsel for Mr. S. Elambharathi For Respondents : Mr. C.S. Vaidyanathan, Senior Counsel & Mr. Vijay Narayan, Senior Counsel for Mr. K. Gowtham Kumar & Mrs. P. Rajalakshmi O.S.A. Nos. 73, 77 and 78 of 2023 For Appellants : Mr. A.K. Sriram, Senior Counsel for Mr. S. Elambharathi For Respondents : Mr. C.S. Vaidyanathan, Senior Counsel & Mr. Vijay Narayan, Senior Counsel for Mr. K. Gowtham Kumar (R1, R2 & R4)
& Mrs. P. Rajalakshmi (R3)
COMMON JUDGMENT
R. MAHADEVAN, J.
I. OVERVIEW OF THE APPEALS All these appeals arise from a common order dated 28.03.2023 passed by the learned Judge in the Original Applications filed by the appellants herein. For ease of reference, the challanges made in these appeals are tabulated below:
| OSA No. | Challenge made | Prayer made in Original Application |
| 68/2023 filed by the applicant / plaintiff viz., O.Panneerselvam | O.A. No. 251 of 2023 in C.S.No. 62 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from implementing/ enforcing the resolution nos.3,4,5 & 6 already passed on 11.07.2022 by the second respondent pending disposal of the suit. |
| 69/2023 filed by the applicant / plaintiff viz., O.Panneerselvam | O.A.No.250 of 2023 in C.S.No. 62 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from conducting any election to the post of general secretary on 26.03.2023 or any other date, pursuant to the notice dated 17.03.2023 pending disposal of the suit. |
| 70/2023 filed by the applicant / plaintiff viz., O.Panneerselvam | O.A.No. 249 of 2023 in C.S.No. 62 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from implementing / enforcing the special resolution dated 11.07.2022 of the 2nd respondent pending disposal of the suit. |
| 71/2023 filed by the applicant / plaintiff viz., R.Vaithilingam | O.A.No. 237 of 2023 in C.S.No. 56 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from conducting any election to the post of General Secretary on 26.03.2023 or any other date, pursuant to the notice dated 17.03.2023, pending disposal of the suit |
| 72/2023 filed by the applicant / plaintiff viz., R.Vaithilingam | O.A.No. 221 of 2023 in C.S.No. 56 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from implementing/ enforcing the resolution Nos. 3, 4, 5 and 6 dated 11.07.2022 of the second respondent, pending disposal of the suit |
| 73/2023 filed by the applicant / plaintiff viz., J.C.D.Prabhakar | O.A.No.220 of 2023 in C.S.No. 55 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from implementing/ enforcing the resolution Nos. 3, 4, 5 and 6 dated 11.07.2022 of the second respondent, pending disposal of the suit |
| 74/2023 filed by the applicant / plaintiff viz., Paul Manoj Pandian @ P.H.Manoj Pandian | O.A.No. 164 of 2023 in C.S.No. 47 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from implementing/ enforcing the resolution Nos. 3, 4, 5 and 6 dated 11.07.2022 of the second respondent, pending disposal of the suit |
| 75/2023 filed by the applicant / plaintiff viz., R.Vaithilingam | O.A.No. 222 of 2023 in C.S.No. 56 of 2023 | to pass an order of ad interim injunction restraining the respondents, their men, agents and persons claiming through them from implementing/ enforcing the special resolution dated 11.07.2022 of the second respondent, pending disposal of the suit |
| 76/2023 filed by the applicant / plaintiff viz., Paul Manoj Pandian @ P.H.Manoj Pandian | O.A.No. 235 of 2023 in C.S.No. 4 | |
