HC sets aside civil court order upholding petition challenging EPS'' election as AIADMK gen sec

Chennai, Sep 4 (PTI) The Madras High Court on Thursday set aside an order of a City Civil Court, dismissing an application filed by AIADMK general Secretary Edappadi K Palaniswami seeking rejection of a petition challenging his election as AIADMK's general secretary.

Suryamoorthy of Dindigul, who claimed to belong to the AIADMK, had filed a case in the Court challenging the announcement of Palaniswami as the party chief at its general council meeting held here on July 11, 2022, and also against the resolutions passed on the occasion.

Justice P B Balaji set aside the order of the IV City Civil Court, dated July 31, 2025 while allowing the Criminal Revision Petitions filed by Palaniswami.

Originally, Suryamoorthy filed a suit challenging the election of Palaniswami as the General Secretary of the party and also the resolutions passed in the general council. Subsequently the former Chief Minister filed an application to reject the plaint. However, the City Civil Court dismissed his petition. Hence, he preferred the present CRP.

In his order, the judge said the plaintiff (Suryamoorthy) has not evinced any interest to renew his membership, post 2018 with AIADMK and there has been total inaction on his part, even after the expiry of the membership in 2018, for more than three years.

Secondly, in 2021, he fought the Assembly election as a candidate on behalf of MGR Makkal Katchi, opposing Palaniswami from his Edappadi constituency. The conduct of the Plaintiff was therefore clear that he has shifted allegiance from AIADMK and moved over to MGR Makkal Katchi. Strangely, despite all these, the plaintiff claims that he continues to be a member of AIADMK party and therefore asserts that he was entitled to maintain the suit as prayed for, the judge added.

"I am unable to agree with the submissions of advocate M Velmurugan, counsel for Suryamoorthy, that the plaintiff has locus to file the suit, being a subsisting member of AIADMK party", the judge said.

Party rules clearly state that any person who has directly or indirectly was connected, or associated himself with any other political organization, will forfeit membership of AIADMK.

Even assuming and agreeing with the submission of Velmurugan, without admitting, that the payment of Rs 10 for renewal of membership was only a formality and non payment would not remove the plaintiff from membership of the party, even then, when he contested the 2021 polls on behalf of MGR Makkal Katchi, the plaintiff has invited upon himself forfeiture of membership from AIADMK, in terms of Rule 5(ii), the judge added.

The judge said in view of the ratio laid down by the Supreme Court and also the Division Bench of this Court, there was no embargo for it to take note of any material, including subsequent events to reject the plaint, especially when it was shown that the plaint does not survive for consideration. PTI COR SA