AIADMK general council can only suspend, not expel members without notice, claim R. Vaithilingam, J.C.D. Prabhakar

Both Mr. Vaithilingam and Mr. Prabhakar had been expelled from the party’s primary membership at a general council meeting held in July 2022, and have now filed a civil suit in the Madras High Court challenging the expulsions; the Court has decided to hear applications for interim relief in these matters, at length, on April 11

The AIADMK general council can, at best, only suspend a party member and not directly expel him/her from primary membership without issuing a charge memo and an opportunity to explain their stand, argued expelled members R. Vaithilingam and JCD Prabhakar before the Madras High Court on Friday.

Appearing before Justice K. Kumaresh Babu who is seized of two civil suits filed by them, Senior Counsel P.S. Raman contended that the bylaws of the party do not empower the general council to expel any member without notice and hence the resolutions passed at the AIADMK’s July 11, 2022 general council meet were without any legal backing.

“These suits have been filed by two primary members of over 40 years. Mr. Vaithilingam is a sitting MLA elected on AIADMK ticket from Orathanadu constituency. There is no provision cited under which the plaintiffs were sought to be expelled. No charge memo, no opportunity of hearing. Straightaway expulsion has taken place,” he complained to the court.

Mr. Raman went on to state, on behalf of his clients: “How can they expel without even giving an opportunity of hearing? They have thrown the bylaws to the winds. I have come here only to assert my civil right. The party’s bylaws regarding disciplinary proceedings categorically state that a charge-sheet must be issued but we came to know about our expulsion only through a press release.”

Mr. Raman also argued that the Supreme Court had only upheld the conduct of the July 11 meeting and had not given any finding with respect to validity of the resolutions passed in the meeting.

Senior Counsel Vijay Narayan, representing the general council, said, these two suits could be heard along with a similar suit already filed by Alangulam MLA P.H. Manoj Pandian.

Seeking two weeks time for filing of counter affidavits to all the three suits and one more week for filing of a rejoinder by the plaintiffs, the Senior Counsel urged the court to adjourn the matter by three weeks. He opposed the granting of any kind of interim order in the meantime, and said, the applications for interim relief could be heard after completion of pleadings.