Tamil Nadu: HC quashes order sealing AIADMK office in Chennai, directs govt to hand over keys to EPS

Justice N Satish Kumar of Madras High Court quashed the proceedings of the Mylapore Revenue Division Officer (RDO) with respect to sealing the AIADMK party office and directed the authorities to hand over the keys to EPS.

The court found that there was a clear non-application of mind from the side of the RDO.

Picture from July 11 when AIADMK party office was locked and sealed by the RDO. (Special arrangement)

“Mechanical order attaching the property of the headquarters of the prime opposition party of the State will strike at the very democratic process amounting to oppression,” the court noted in its order.

The plea moved by OPS seeking keys of the party headquarters was also rejected by the court.

Further, the court has directed EPS not to permit any cadres or supporters into the building for a period of one month.

The police department has also been directed to provide proper bandobast and protection to the building round the clock to thwart any law-and-order issue.

Background of the case

The court passed its order on pleas moved by EPS and OPS challenging the revenue department’s action of taking control of the AIADMK office.

According to EPS, the entire sequence of events that unfolded on July 11, including the violence that erupted outside the AIADMK headquarters, was orchestrated and pre-meditated by the OPS faction with the support of the police and the DMK government.

In fact, this was cited as one of the main reasons by the EPS camp to expel OPS from the primary membership of the party during the General Council meeting of the AIADMK on July 11.

Further, EPS’ legal counsel argued that the property is owned by the AIADMK party and therefore, it cannot be disputed upon by any other person.

They also accused OPS of stealing documents from the party office amid the melee on 11 July.

On the other hand, senior lawyer Ramesh who appeared on behalf of OPS argued that the court should interfere with the order of the RDO as it was done without application of mind, but at the same time both parties could approach a civil court to figure out who has authority over the party building or even reach a compromise formula.

While both EPS and OPS factions accused the DMK government of maliciously locking up the AIADMK party office, the police department told the court that it was done because of the clashes that broke out between the supporters of the two leaders.

The State Additional Public Prosecutor also told the court that opening the lock and seal would again lead to law-and-order issues.

Why did MHC hand over keys to EPS?

In addition to the quashing the order of the RDO sealing the AIADMK office for non-application of mind, the court also went into the question of who holds control of the property.

Citing the status report filed by the police department in the case, the court said that the report clearly indicated that it was EPS who was in control of the party office.

The court deduced this based on a police complaint that was filed by senior AIADMK leader D Jayakumar (belongs to EPS camp) on 26 June, 2021 claiming that anti-social elements were trying to enter the AIADMK headquarters and also the General Council meeting scheduled on 11 July.

Another complaint dated 8 July, 2022 wherein EPS camp sought police protection was also noted by the HC. The police department had submitted to the court that it had provided bandobast based on these complaints from EPS camp.

Referring to OPS, Justice Kumar said that having attempted to stall the General Council meeting, he “created a war like situation as a last resort” to initiate proceedings under CrPC 145 to have a claim over the property.

“When any member of any association or party against whom a majority has already taken decision, without such decision being challenged or nullified, decision of the majority will prevail over,” said the High Court.

Further, Justice Kumar went on to say that “any person said to have been expelled from primary membership cannot claim an absolute right to treat it as a dispute with regard to the property of the political party which is not belonged to any of the individuals particularly, creating warlike situation by breaking open the door of Building which was kept under lock and key by other side. Such act is nothing but mere trespass.”

EPS camp elated

Terming the verdict as a “big victory”, Kovai Sathyan, official spokesperson of the AIADMK told South First that the High Court was convinced that the appointment of EPS as interim General Secretary of the party was done as per the by-laws.

“This is a testimony that whatever happened was as per the by-law. The court was convinced of the support that EPS enjoys within the party and the fact that there was no breach of law from our side. The other camp (OPS) argued that we violated the by-laws of the party, but they could not substantiate their claims. This is the reason why the court has asked now asked the authorities to hand over the keys of AIADMK office to EPS,” he said.