Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Injunction – Prayer for temporary injunction – Political Party – Party Constitution – Dispute inter-se in the political party |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Injunction – Prayer for temporary injunction – Political Party– Party Constitution – Dispute inter-se in the political party – Thetopmost position in the party was earlier assigned to the GeneralSecretary but, after the demise of the then General Secretary on05.12.2016, the party organisation went through various changesand ultimately, a system of joint leadership, by Co-ordinator andJoint Co-ordinator – However, when the proposition for amendmentsof the byelaws, essentially to revert to the system of single leadershipat the apex level, was likely to come up in the meeting of the GeneralCouncil dated 23.06.2022, it led to the litigation – In the said meeting(23.06.2022) resolution to propose one ‘TMH’ as a chairman wasproposed – It is alleged that the said ‘TMH’ announced next date ofGeneral Council meeting as 11.07.2022 – Various civil suits werefiled – The Single Judge of the High Court took note of the variousinterim applications and proceeded to decide the same by orderdated 17.08.2022 – It held, inter-alia, that the General Councilmeeting dated 11.07.2022 was not convened by the person competentto convene the General Council meeting – The said meeting wasnot convened providing 15 days advance notice – The status quoante as existing on 23.06.2022 was held to be maintained and itwas directed that there would be no Executive Council meeting orGeneral Council meeting without the joint consent of the Coordinatorand Joint Co-ordinator – However, the said order was setaside by the Division Bench of the High Court by the impugnedorder dated 17.08.2022 – On appeal, held: The Division Benchreferred to the principles governing the grant or refusal of temporaryinjunction and pointed out that the directions given by the SingleJudge for convening the meeting only with the joint consent of Coordinatorand Joint Co-ordinator was leading to a situation wherethe party as a whole would undergo irreparable hardship becausethere was no possibility of the appellant and the respondent No. 1- OPS and EPS – acting jointly to convene the meeting – The DivisionBench pointed out that the directions of the Single Judge wouldonly further the “functional deadlock” already existing in the party– The logic and reasoning of the Division Bench of the High Courtstand accord with the law and also facts of the present case – Sofar as convening of the meeting dated 23.06.2022 is concerned,the same had never been in doubt or in any dispute – The saidmeeting was indeed convened by the Co-ordinator and Joint Coordinatorjointly – They had been working in tandem until that stage– However, they seem to have fallen apart immediately thereafter,particularly when a proposition for amendment of the byelaws andreverting to the system of single leadership was in the offing – Ifmajority of members gave a requisition on 23.06.2022 for conveningthe General Council meeting and the Presidium Chairmanannounced the date of this requisitioned meeting as 11.07.2022, inthe given set of facts and circumstances, such announcement, atleast at the present stage, cannot be dubbed as wholly redundant –Single Judge while passing the order dated 17.08.2022 hadcommitted a serious error in convening of the meeting dated11.07.2022 as an act unauthorised – Another alleged infirmity asto 15 days’ notice, the Division Bench appears to have rightlyanalysed the frame of the said Rule 19(vii), where the requirementof 15 days’ notice is referable to the regular meeting and not assuch to a requisitioned or special meeting – Thus, the Single Judgedid not examine the questions in the correct perspective. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2023 INSC 156 |
Petitioner | Thiru K. Palaniswamy |
Respondent | M. Shanmugam & Ors. |
SCR | [2023] 7 S.C.R. 1118 |
Judgement Date | 2023-02-23 |
Case Number | 1392 |
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