Chennai: In a recent legal development, the Madras High Court (MHC) has dismissed the appeal plea of O Panneerselvam (OPS), the former Chief Minister of Tamil Nadu, challenging the interim injunction that restrained him from using the AIADMK symbol, flag, and letterhead. The decision was made by a division bench comprising Justice R Mahadevan and Justice Mohammed Shaffiq.
The interim injunction was initially issued by a single judge in response to a petition filed by the Leader of Opposition and AIADMK General Secretary, Edappadi K Palaniswami (EPS). EPS sought a permanent injunction, arguing that OPS, expelled from the party, lacks the legal standing to use AIADMK’s symbol, flag, and official letterhead.
Senior counsel Arvindh Pandian, representing OPS, contended that the interim injunction was based on the previous judge’s order, which was deemed unacceptable. While not challenging the merits of the single judge’s order, Pandian argued that the interim injunction lacked prima facie findings and was issued without sufficient reason. OPS sought the dismissal of the interim injunction.
Another counsel, Abdul Saleem, argued that the main suit filed by EPS is not maintainable, pointing out the confusion caused by AIADMK using different flags without clear identification of the official one.
The interim injunction, restraining OPS and his supporters from using the party’s symbols, was challenged as impracticable and vague by Saleem. He highlighted the widespread use of the AIADMK flag by OPS followers, raising concerns about the feasibility of enforcing such an injunction.
Senior counsel Vijay Narayan, representing EPS, emphasized OPS’s expulsion from the party, validated by the court, and questioned how an expelled member could continue using party symbols. Narayan pointed out that the Election Commission recognized EPS as the general secretary of AIADMK, while OPS persisted in using the party’s letterhead, flag, and symbol.
The single judge had granted OPS two chances to file an affidavit in the main suit, which OPS failed to do. Narayan argued that OPS’s appeal is not maintainable, urging him to file an affidavit before the single judge to address the interim injunction.
As the legal battle continues, this development marks a crucial point in the ongoing dispute over the use of AIADMK symbols between OPS and EPS, adding layers of complexity to the political landscape in Tamil Nadu.