AIADMK top leader K Palaniswami today told the Madras High Court that a plea by rival leader TTV Dhinakaran's loyalist P Vetrivel, seeking declaration of the general body meet held last month as "illegal", is liable to be dismissed.
Submitting his counter affidavit on the appeal before the Division Bench of Justice Rajiv Shakdher and Justice N Sathish Kumar, Palaniswami said Vetrivel's suit had become infructuous and it was bad in law. The appeal and suit were liable to be dismissed, he said.
Ahead of the general body meet on September 12, Vetrivel, an MLA who was later disqualified, had filed a civil suit in the high court seeking a stay on the meet and a declaration that the notice calling the general body meet was illegal.
Vetrivel, appellant and plaintiff in the suit, had also sought a permanent injunction restraining Chief Minister Palaniswami and Deputy Chief Minister O Panneerselvam from, in any manner, using the party name for convening a general body meeting.
On September 11, the bench had upheld an order of a single judge dismissing Vetrivel's plea to stay the September 12 AIADMK general council and executive committee meeting convened by Palaniswami and Panneerselvam-led factions.
The court had, however, said that any decision taken at the impugned general body meeting would be subject to the final outcome in the appeal and posted the matter today for hearing while directing all parties, including Palaniswami, to file their counter affidavits.
It may be recalled that the meet had removed V K Sasikala, and her clan, including TTV Dhinakaran, from the party. Issues, including their removal, the party's 'two leaves' symbol which was frozen by the Election Commission, are pending adjudication before the poll body.
In his counter, Palanisami submitted that Vetrivel was guilty of giving false statement on affidavit and therefore liable to be punished for perjury.
"In fact, the suit has now become infructuous in as much as Vetrivel has filed an application to implead him as a party before the Election Commission."
Having filed an impleading plea in the poll body, the plaintiff cannot agitate the same issue before the court as well, he contended, adding that the "appeal and the suit are liable to be dismissed on this very ground".
He submitted that the appellant cannot raise objection in respect of proceedings before the Election Commission in the form of a suit.
The meeting was attended by 1,828 General Council members out of total 2,128 members. The members unanimously passed several resolutions keeping in mind the future of the party, he said.
Also, there was no order of the Election Commission restraining them from holding the meeting, he submitted.
The plaintiff has not even averred as to which group of the AIADMK he belongs to and yet has sought to file the entire suit based on the orders of the Election Commission.
Vetrivel has not disclosed as to how he would be affected by the meeting for which he received the notice and invitation.
The bench directed all other parties in the suit, including senior leader in the Palaniswami camp, E Madhusudhanan, and Panneerselvam to file their counter affidavits within two weeks and posted the matter for further hearing to November 30.
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