Madras HC stays civil court order on plea against leadership of EPS in AIADMK

Chennai, Aug 19 (IANS) The Madras High Court has stepped in to halt proceedings on a suit that questioned the authority of Edappadi K. Palaniswami (EPS) to lead the All India Anna Dravida Munnetra Kazhagam (AIADMK), granting him a temporary reprieve in an ongoing legal tussle over party leadership.

Justice P.B. Balaji, hearing a civil revision petition filed by the AIADMK general secretary, issued an interim stay on a July 31 order of the IV Assistant City Civil Court in Chennai.

The lower court had refused to dismiss a 2022 suit filed by former party member S. Suriyamoorthy, who sought to challenge EPS’s leadership on the grounds of alleged violation of party bylaws.

Appearing for Palaniswami, senior counsel Vijay Narayan, assisted by K. Gowtham Kumar, argued that Suriyamoorthy had no standing to maintain the suit since he had ceased to be a member of the AIADMK.

The counsel pointed out that he had contested the 2021 Assembly elections in Edappadi constituency as a candidate of the MGR Makkal Katchi (MMK), which, they contended, severed his connection with the AIADMK.

Palaniswami had, in 2023, moved an application seeking rejection of the plaint on this ground. Suriyamoorthy, however, countered that he had been a member of the AIADMK since 2008 and claimed he had contested the 2021 polls only in alliance with the MMK.

He maintained that it was not unusual for candidates of one party to contest under the symbol of an ally, and therefore, his membership could not be doubted.

The city civil court, after hearing both sides, ruled that whether the plaintiff continued to be a member of the AIADMK was itself a matter requiring trial.

The judge observed that there were indeed triable issues involved and therefore the suit could not be dismissed at the preliminary stage.

Citing party rules, the court further noted that Palaniswami had not established that his election as general secretary was in conformity with Rule 43 read with Rule 20 of the AIADMK bylaws.

It was this finding that prompted EPS to approach the High Court. Acting on his revision petition, Justice Balaji has now stayed both the civil court’s July 31 order and further proceedings in the suit, giving the AIADMK leader legal breathing space as the matter continues to play out.

The stay will remain in force pending further hearings.

--IANS

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