In a last-ditch effort to stop Edappadi K Palaniswami’s ascension in the AIADMK, expelled leader and former Chief Minister O Panneerselvam has written to the Election Commission of India (ECI) asking it not to make “any changes” to the hierarchy of the party and to its by-laws based on the “illegal resolutions” passed in the July 11 General Council (GC) meeting.
Panneerselvam’s letter comes after the Supreme Court on February 23 affirmed the Madras High Court verdict validating the decision taken by the GC meeting on July 11 which appointed Palaniswami as the interim general secretary and expelled Panneerselvam from his primary membership.
In the letter to the ECI, Panneerselvam latched onto Supreme Court’s observations that their judgment declaring the GC and its decision valid shall have no bearing on the merit consideration of the pending civil suits filed by the rival factions.
His letter also came amidst reports that the EPS camp will move the ECI seeking to recognise him as the interim general secretary following the SC verdict.
OPS also said he will file a civil suit in respect of the resolutions adopted on July 11 while maintaining that the resolutions were “not validly passed”, and that the posts of the Co-ordinator and Joint Co-ordinator have not lapsed, and the term ends only in the year 2026.
“I wish to submit that from the order of the Supreme Court of India dated 23.02.2023, which confirmed the order dated 02.09.2022 of the Hon'ble Division Bench of Madras High Court, no finality is reached with regard to the issues involved in the pending Civil Suits,” he said.
In such circumstances, OPS said, the Chief Election Commissioner should not entertain any changes in the party by-laws as well as in the hierarchy of the Al India Anna Dravida Munnetra Kazhagam based on the “illegal resolutions” dated July 11.
“If any changes in the hierarchy of the AIADMK are made that would seriously prejudice my legal rights in the proposed suit and would cause irreparable loss,” he said, adding any changes in the by-laws will only lead to parallel adjudication.
OPS maintains that the bylaws of the party which say the leaders should be elected by the primary members of the AIADMK shouldn’t be changed and that he and Palaniswami were elected as coordinator and joint coordinator by primary members in 2021. However, the Palaniswami camp says the General Council has powers to make amendments to the party Constitution.