The Supreme Court on Wednesday stayed the 23 June division bench order of the Madras High Court order that had restrained the AIADMK General Council from amending the party bylaws during its meeting.
A vacation bench of Justices Dinesh Maheshwari and Krishna Murari issued notice to the O. Panneerselvam (OPS) camp and asked the parties to file their affidavit within two weeks. The bench observed that Courts cannot interfere with the inner functioning of a political party. The apex court also clarified that the 11 July General Council can proceed in accordance with the law.
“Notice issued to respondents, returnable in two weeks. Given facts and circumstances of the case and subject matter of litigation and High Court orders, we considered apt that operation and effect of order 23 June, shall remain stayed,” the bench stated in its order.
The apex court was hearing the plea filed by AIADMK leader Edappadi K. Palaniswami (EPS) against the High Court order.
Senior advocate C.S. Vaidyanathan for EPS told the bench that the division bench held an extraordinary sitting at midnight at the residence of one of the judges and passed an order at 4 am to restrain the General Council from passing any resolutions. “This amounted to judicial interference with the internal functioning of a political party,” he said, adding that as far as interference in the internal management of political parties is concerned High Court’s jurisdiction is limited.
He submitted, “The attempt is to stop the internal democracy of the party by a person who does not have the support of majority members.”
The bench also observed that the direction of the division bench amounts to the court telling the party how it should function. “Can such an order be passed even at the final decree stage, let alone the interim stage?” it asked.
Senior advocate Maninder Singh appearing for OPS group opposed the plea of EPS saying coordinator, and joint coordinator posts have to be there till September 2022. “From 2017 there is a system. This system has worked for the last five years. It became a problem because this person now wants to throw away joint leadership for unitary leadership,” Singh said.
The bench said, “Who wants to do what within the party forum is essentially within that compact only. Is it our jurisdiction? These things have to be worked out internally. You have to work out all your friendship and dispute at the platform of…”
What’s bothering us is that you are part of the General Council, decide everything there, why in a judicial forum, asked the bench to the counsels.