SC refuses to stay expulsion of O Panneerselvam, 3 others from AIADMK

The Supreme Court on Friday declined to stay the expulsion of former Tamil Nadu deputy chief minister O Panneerselvam (popularly known as OPS) and three others from the All India Anna Dravida Munnetra Kazhagham (AIADMK) during a general council meeting of the party in July 2022, saying the injunction at this stage will “lead to a huge chaos”.

“How can we stay the resolution at an interim stage? It will be virtually allowing the suit. Even a prima facie case won’t be enough to grant you an injunction... It will lead to a huge chaos,” remarked a bench of justices Sanjiv Khanna and Dipankar Datta, dismissing the plea moved separately by the leaders.

Adding that there was apparently a split in the party, the bench observed that the dispute will have to work itself out in a trial by leading evidence and staying the resolution of expulsion will spark different problems.

“Continue with the suit. We cannot pass any order at this stage. If we interfere at this stage, it will amount to decreeing and allowing the suit at this stage... You will have to succeed in the suit for the relief you ultimately want,” it told a bunch of senior advocates appearing for OPS and his three supporters – JCD Prabhakar, R Vaithilingam, and PH Manoj Pandian.

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Senior advocates KK Venugopal, Guru Krishnakumar and Gopal Sankaranarayanan, representing the petitioners, complained that the expulsion has resulted in a “political death” for the leaders and that they have been unjustly forced out of their own party.

“The decision in the trial in the suit may take five years. Should we be left in limbo indefinitely? This court has the power to undo any injustice,” Venugopal argued.

But the bench remained unmoved.

“We know what we are doing. We will not interfere. There are two reasons. First, by allowing your plea at this stage, we will be allowing your suit. Second, it does appear to us that there’s a split which will have to work itself out in a suitable way,” it responded.

In its dismissal order, the bench recorded that “granting injunction will have its own unpalatable consequences.”

At the same time, the bench clarified that the observations by the Madras high court in its order refusing to stay the expulsion will not be treated as expression of merits on the case.

The top court further addressed the issue of pending trial to determine the intra-party dispute and the order of expulsion, recording in its order that it expected that the trial in the civil suit will proceed expeditiously and that parties will not take unnecessary adjournments.

It granted three weeks to the AIADMK general secretary and former chief minister Edappadi K Palaniswami (popularly known as EPS) three weeks to file written submissions in the pending suit. Senior lawyer CA Sundaram represented the EPS camp in the apex court.

By an order on August 25, 2023, the Madras high court had refused to stay the expulsion of OPS and three others from the AIADMK, noting the bylaws of the party made it clear that the general council is the ultimate authority to take disciplinary action against any party members and that the merits of their decision in expelling the leaders is necessarily a matter for trial.

On July 11, 2022, the party’s general council meeting elected EPS as the interim general secretary and expelled OPS. In the days that followed, all of OPS’s supporters, including his two sons, were removed from the AIADMK.

On September 2, the high court upheld EPS’s appointment; this was also done by the Supreme Court on February 23, 2023. Later, in March 2023, EPS was elevated as AIADMK general secretary.

The AIADMK had a dual leadership model following former party president and chief minister J Jayalalithaa’s death in December 2016. Both EPS and OPS had merged their warring factions and functioned as joint coordinator and coordinator, respectively, in the party. In the government, they were chief minister and deputy chief minister, respectively.

After the party lost the 2021 assembly elections, EPS became leader of the opposition and OPS, the deputy leader. But EPS and his supporters started pitching for a unified single leadership because the dual leadership arrangement was not working.

Matters came to a head at a June 23 meeting last year when OPS wanted a resolution backing the dual leadership structure, and the EPS camp wanted to discuss a return to a unified leadership. After a court ruling restricted the meeting’s scope, preventing it from discussing the latter, the council vetoed all items on the agenda (including the one backing the dual leadership model).

A subsequent meeting on July 11 saw OPS’s expulsion, along with several others, and EPS’s appointment as interim general secretary.