Thread by @barandbench

#SupremeCourt to hear plea by Edappadi K Palaniswamy challenging a Madras High Court order preventing All-India Anna Dravida Munnetra Kazhagam's general council from amending bye-laws to enable unitary leadership.

@EPSTamilNadu @OfficeOfOPS @AIADMKOfficial #TamilNadu #Politics

Read more about the plea by the former Tamil Nadu Chief Minister, here

barandbench.com/news/interferi…

Hearing starts before Bench of Justices Dinesh Maheshwari and Krishna Murari.

Senior Advocate CS Vaidyanathan appears for EK #Palaniswamy.

#AIADMK #TamilNadu #politics

Vaidyanathan: Not even an appealable order was passed.

Bench: We'll get to that. The meeting nevertheless took place. Agenda items for next meeting discussed. This order (under challenge) it already is a spent force now, having spent its force.

Bench: Matter remains pending with single-judge in original plea.

Vaidyanathan: A contempt petition to the Division Bench order is coming up tomorrow.

The Sr Adv takes Bench through the prayers of both the pleas.

Bench discusses.

Bench: If we have to enter into legality and validity of order, then there are questions involved.

Sr Adv: Then you may stall the contempt petition till then.

Bench: We can't interfere with HC jurisdiction.

Senior Advocate Maninder Singh appears for the caveator.

Singh: What they have mentioned for contempt is not a part of the resolutions or agenda items.

Bench: single-judge refused to give interim relief for a reason. Can we pass order directing them how to conduct meeting?

Singh: Coordinator, Joint Coordinator posts have to be there till September 2022. Now sought to be unilaterally changed.

Bench: Who wants to do what within the party forum is essentially within that compact only.

Bench: Jurisdiction of appellate court is there, we're not overturning that.

Singh reads from single-judge order to highlight how it was observed that none of the parties had made out a prima facie case.

Singh: DB observed that other matters cannot be taken up.

Bench: So we'll take make a decision that a compact can't decide beyond 23 resolutions? Is that our jurisdiction?

Singh: Any difference creating a dispute resulting in party infighting can be matter of judicial review. Here it was unilateral.

Bench: These things have to be worked out internally.

Singh takes them through DB order.

Bench: We're not passing anything on finality, but prima facie we have doubt as to whether such orders can be passed even as final orders? Can we expand our adjudicatory powers like this?

Singh: Ending a mechanism before 5 years being attempted here.

Singh clarifies he's representing Shanmugan.

Bench asks Senior Advocate Guru Krishnakumar to wait and not interject.

Bench: What's bothering us is, you're part of general council, decide everything there why in judicial forum?

Singh: We were sought to be bypassed to make joint leadership singular.

Bench: It is to be ultimately decided by your general council.

Singh: There has been an appointment which became subject matter of contempt.

Bench asks Singh to read a particular stanza from file.

Bench: At admission stage, we find ... We thought that DB order is strength force, but if contempt petition pending against general council matter, we have to determine its legality and validity. Is it pending?

Singh: Yes

Bench: Then it will require consideration.

Bench: Is a contempt plea complaining of violation of DB order there then we have to consider.

Sr Adv Guru K: DB has clarified that order only clarified to June 23 meeting. Matter can be decided independently.

Bench: That'd be done as per our understanding of civil procedure.

Bench: But contempt plea changes that. Whatever transpired in meeting might be problematic as per contempt petitioner. Else single-judge should have decided other interim reliefs also.

Singh: My Apologies for clubbing them.

Bench: Mr Singh please ...
Bench asks for time to read file.

Singh reads from DB order.
Sr Adv Guru: My lords can put contempt on hold and say other proceedings won't be influenced by DB order.

Bench: We're not stopping anything. Next meeting will go on.

Sr Adv Guru: My lords can only clarify su that this order does not have any defect on others ... Independently all parties can raise their contentions not being affected by pendency of DB observations.

Bench: Give us some time to talk.
Bench discusses.

Bench: Yes Mr Guru anything else?

Sr Adv Guru: My lords may find that there is no case at this stage, and say other proceedings should not be affected.

Sr Adv Vaidyanathan: Attempt to stop internal party democracy by someone who doesn't enjoy even 2% support in party.

Bench: Don't get into all that at this stage.
Bench rejects an IA by executive council member not party to the case.

Order: Notice issued to respondents, returnable in 2 weeks. Dasti allowed. Given facts and circumstances of case and subject matter of litigation and HC orders, considered apt that:

Operation and effect of order 23.6.22 shall remain stayed.

Bench: Order was about meeting already taken place, but in view of further proceedings about to come up and the questions raised, it is necessary and appears expedient to stay the same till further orders of this court.
General council meeting of Respondent 3 may proceed ...

Order: in accordance with law. Interim relief prayers to be presented before single-judge dealing with civil suit. These matters are disposed of, we do not consider it necessary to pass any other reliefs. Other questions left open for consideration. Counter-affidavits in 2 weeks.

Order: Pendency of pleas before this court shall not affect proceedings before single-judge in any way.