Chennai:Despondency has turned into euphoria for EPS and his supporters as a Division Bench of Madras High Court reversed the earlier order of a single judge, creating a deadlock in the AIADMK. The verdict on Friday, endorsing the supremacy of the party's General Council, has resurrected EPS as the sole leader of the party.
Seen as a decisive victory for EPS in the leadership war, the verdict has left his rival OPS no other option but to carry on his legal battle to the Supreme Court. A Bench of Justices, M Duraiswamy and Sundar Mohan, have debunked every contention of illegality in the convening of the July 11 General Council by affirming its legitimacy.
Leadership war in the AIADMK between EPS and OPS reached a point of no return on June 23 itself, resulting in a split in the party. Then followed mutual expulsions and fresh appointments by either side. Power was the glue that kept EPS and OPS together and once the AIADMK was out of office after the Assembly elections, fissures erupted with the EPS camp's clamour for abolishing the dual leadership of both OPS and EPS as Coordinator and Co-Coordinator, running the party.
The diarchy was an arrangement to replace VK Sasikala as the interim general secretary following her incarceration in a disproportionate wealth case. It was also to facilitate the home coming of OPS, who had launched a rebellion and broke away. With OPS securing a Court stay on single leadership being taken up at the June 23 General council meet, it was decided to hold the meet on July 11.
In his August 17 verdict, Justice Jayachandran, relying more on the party's bye-law according primacy to the primary members in electing the general secretary and other technicalities, held that the “cry for single leadership is not based on any quantifiable data”. Restoring the status quo ante as it existed on June 23, the judge revived the dual leadership and directed that the General Council be convened afresh to resolve the leadership tussle. Aggrieved, EPS had challenged that order.
The Division Bench, making it clear that strict compliance of the rule requiring 15 day prior notice would lead to absurdity, held as 'proper' the July 11 General Council Meeting called by the Presidium Chairman. It also drew attention to the fact that the party's headquarters office bearers had called for general council meetings earlier on two occasions: after Jayalalithaa's demise and Sasikala's incarceration.
“When the Interim General Secretary could not act in the year 2017, the Office Bearers stepped in to convene the meeting on 12.09.2018 based on the requisition received...A similar situation has arisen now, (i.e.) since the Coordinator and the Joint Coordinator are in loggerheads, the calling for the meeting by the Presidium Chairman on 23.06.2022 at the floor of the General Council Meeting cannot be termed as illegal,” reads the judgment.
As such, the 1997 judgment in the split in AIADMK following S Thirunavukkarasar holding a parallel general council was not applicable to the present case, it was observed. Further, it was pointed out that EPS had duly informed the Election Commission in a letter that the posts of Coordinator and Joint-Coordinator have lapsed as their election had not been ratified by the General Council on June 23.
The Bench said “... it is clear that the appellant has given up his right to continue as Joint Co-ordinator. Therefore, there is no Joint-Co-ordinator in the party. The appellant cannot be compelled to continue as Joint Co-ordinator forever.” In such a circumstance, both EPS and OPS cannot jointly conduct the General Council Meeting and the common sense approach was followed wherein the General Council Meeting was announced at the instance of the Headquarters Office Bearers, the Judges said.
Affirming the supremacy of the General council, the judges said, it cannot be disputed that it is the Supreme Body in the party, elected by the Primary Members and given authority to decide on policy matters and amend the bye-laws.
In a blow to OPS, the bench said “Even assuming that the Resolutions passed on 23.06.2022 and on 11.07.2022 are found to be illegal or against the Bye-Laws of the Party, it is always open to 1/5 th members of the General Council to convene a Special General Council Meeting and reverse the resolution passed in those two meetings. In the case on hand, no such meeting was called for at the instance of 1/5 th of the General Council members to reverse the decision,” adding that this would establish that no irreparable injury has been caused to OPS. Hence, the balance of convenience in favour of EPS. Precisely, the above observation makes it clear that OPS has no clout left in the party and is knocking the doors of the judiciary to resurrect his political fortunes.