In a major setback to the Edappadi Palaniswami-led faction, the Madras High Court on Wednesday ruled in favour of the ousted All India Anna Dravida Munnetra Kazhagam (AIADMK) coordinator O Panneerselvam, who had contested the party’s general council meeting on July 11.
The AIADMK’s general committee has been charged in numerous matters before the High Court and Supreme Court.
This verdict, however, is more significant than the others, as, so far, all cases have been heard before the commencement of the general council meet.
This case, however, was filed after the conclusion of the general council meeting, and, experts believe, the verdict is likely to be upheld on appeal.
WHAT THE HC SAID
The HC judge Jayachandran ruled that “the AIADMK’s acting president is not permitted to convene the general body under any circumstance".
“The meeting held on July 11 was not called by a qualified person or with 15 days’ notice. There is no evidence to support the claim that the Coordinator and Co-Coordinator positions have lapsed as of June 23. That argument is fictitious and it has been claimed that the measures were conducted in contravention of party regulations," the judge noted.
“If the July 11 general council meet is not prohibited, Edappadi Palaniswami will feel at ease in his position. O Panneerselvam, Vairamuthu, and other individuals who were expelled from the party will not be eligible to run in the election for General Secretary. The decision of the party leadership is not subject to court intervention. However, if that procedure is broken, it is still possible to ask the court for redress. The general council meeting that was held on July 11 is therefore illegitimate," the judge quoted.
According to the court, OPS has been denied his right in the party, based on which the judgment has been rendered. More than political, the issue is legal, say experts.
WHAT WORKS FOR OPS
Currently, there are numerous legal arguments in support of OPS. The meeting held on June 23 was legitimately called in accordance with the AIADMK regulations. But the one held on July 11 had several legal issues — Was the meeting called by the appropriate person? Was the council given adequate time? Are those present at the general meet actually members of the council?
In addition to the legal considerations, many aspects are politically in favor of OPS.
Ideally, OPS is known to be closer to the Bharatiya Janata Party (BJP) and PM Narendra Modi than EPS. Beyond that, OPS, Sasikala and TTV Dhinakaran are open to reconciliation and OPS, too, has agreed without any hesitation. Subsequently, the DMK also declined to oppose Panneerselvam at the state level. Chief Minister MK Stalin referred to him as the AIADMK coordinator when O Panneerselvam contracted Covid-19 recently. Moreover, OPS has considerable influence at the volunteer level as well.
WHAT WORKS FOR EPS
EPS is considered the strongest executive-level leader in the party. Despite not being as charismatic as MGR and Jayalalithaa, he was able to bring all administrators under his control. Consequently, he believed that he could seize control of the party through the general council. Additionally, it was also the most important place where he slipped.
The general council might be the highest authority body for the AIADMK, however, is meaningless in the eyes of the Indian Constitution.
Moreover, the party questions will be resolved by the general council unless the party does not object. In the event of a protest, the court and administration will step in. This is where EPS suffered a setback. Although courts often stay out of party disputes, they may step in if regulations have been broken. When it comes to the BJP, the AIADMK intends to travel under the dual leadership of EPS and OPS. Therefore, EPS’s attempt to become the sole leader of AIADMK is not only against OPS, but also against the BJP. Politically, opposing OPS alone is possible for Palaniswami. But it is impossible for EPS to oppose the BJP.
Eventually, OPS’s invitation to Sasikala and TTV Dhinakaran to join the party cannot be seen as personal. OPS would not have expressed that opinion if the BJP did not want the reinduction of Sasikala and Dhinakaran into the AIADMK.
The recent raid by the income tax department on EPS’s associates has also hinted at the Centre’s course. With only the assistance of the administrators, EPS would find it difficult to get through these difficulties. Even if the court gives a favorable verdict for the council, it would be harder with the grip of Election Commission.
However, EPS dares to put everyone on the front line and is firmly against the BJP, according to political gazers.
AIADMK’S AMBIGUITIES
The power tussle in the AIADMK after Jayalalithaa’s demise reflects the ever-changing nature of politics. Earlier, OPS raised his voice against Sasikala, after which the party merged in 2017. Soon, OPS and EPS united and sidelined Sasikala and Dhinakaran and took control of the party.
The tussle between EPS and OPS has now reached its peak and the two have split as history repeats itself.
Currently, OPS, Sasikala and TTV Dhinakaran are preparing to unite. EPS, however, has been marginalised.
Although EPS has a majority of party executives on his side, will he be able to take over the party against OPS, Sasikala and Dhinakaran? Only time will tell.
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