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AIADMK MLA's plea to stall party meet dismissed

12 September 2017

Hearing the petition, a single judge not only dismissed a petition of Vetrivel but also imposed a fine of Rs 100,000 on the loyalist of party Deputy General Secretary TTV Dinakaran.

"One view is that supporters of Sasikala - her nephew and party Deputy General Secretary Dinakaran -will attend the General Council meeting and thus an express resolution dismissing her may offend them and hence the need for a softer and indirect approach."The other view is to have a straight resolution dismissing her and putting at rest any further speculation, he said".

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The resolutions will be submitted to the Election Commission on September 14.

Accepting the submissions made by Senior Counsel C. Aryama Sundaram, representing Mr. Palaniswami, that preventing the meet would affect 2,140 members of the general council, the Bench said: "We see no impediment in law if the rival factions choose to get together and jointly convene a meeting". As per sources, in the meeting, AIADMK is believed to oust jailed Sasikala and her family from the party. This time, however, it comes with the sanction of the General Council - the same body that had met nine months ago to elevate Sasikala to the post after the death of late general secretary J Jayalalithaa. The judge held that the same indicates collusion and, therefore, the entire character of the suit becomes vexatious. After Justice Karthikeyan refused to stay the meet, Vetrivel filed an appeal before a two-member bench comprising justices Rajiv Shakdher and Abdul Quddhose. Vetrivel filed the suit without getting the nod the judge said. The Bench said the meeting can "go on" and there is "no stay" while upholding the single judge's order.

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The judge also noted that the plaintiff, by opting to sue in his individual capacity, had effectively circumvented the High Court's circular which necessitated that any suit filed by or against any MLA/MP should be brought to the attention of Chief Justice of this Court. The court made it clear that any decision taken at the impugned meeting will be subject to the final outcome in the appeal and posted the matter to October 23.

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AIADMK MLA's plea to stall party meet dismissed