Admk party by law case filed by Ramkumar athithan court notice to Ops eps plaint copy HIGH COURT OF JUDICATURE AT MADRAS (Ordinary Original Civil Jurisdiction)

    IN THE HIGH COURT OF JUDICATURE AT MADRAS
    (Ordinary Original Civil Jurisdiction)

    O.A.No. 1204 in 2022 in

    C S. Filing N0. 119663 of 2021

    1. Shri. B.Ramkumar Adityan,
    No.563.Thoothukudi Road,
    Virapandianpattinam,
    Tiruchendur Taluk – 628 216, Thoothukudi District.

    2. Shri. K.C.Suren Palanisamy
    No.322. Thadagam Road,
    Coimbatore – 641 002.
    Coimbatore District

    The 1st to 2nd Plaintiffs for themselves and on behalf of the Primary members of the
    All India Anna Dravida Munnetra
    Kazhagam under Representative Capacity …. Plaintiffs

    Vs
    1. The All India Anna Dravida Munnetra Kazhagam,
    Represented By its Coordinator & Joint Coordinator
    Shri.O.Paneerselvam & Shri.Edappadi K. Palanichami No 226/275, Avvai Shanmugam Salai, Royapettah, Chennai – 600014.

    2. Shri.O.Paneerselvam
    Coordinator,
    The All India Anna Dravida Munnetra Kazhagam, No 226/275, Avvai Shanmugam Salai, Royapettah, Chennai – 600014.

    3. Shri.Edappadi K. Palanichami,
    Joint Coordinator,
    The All India Anna Dravida Munnetra Kazhagam, No 226/275, Avvai Shanmugam Salai, Royapettah, Chennai – 600014.

    4. Shri. K.P.Munisamy
    Deputy Coordinator,
    The All India Anna Dravida Munnetra Kazhagam, No 226/275, Avvai Shanmugam Salai, Royapettah, Chennai – 600014.

    5. Shri. R.Vaithilingam
    Deputy Coordinator,
    The All India Anna Dravida Munnetra Kazhagam,
    No 226/275, Avvai Shanmugam Salai,
    Royapettah, Chennai – 600014

    6. Shri.A.Tamil Magan Hussain
    Interim Presidium Chairman,
    The All India Anna Dravida Munnetra Kazhagam, No 226/275, Avvai Shanmugam Salai, Royapettah, Chennai – 600014.

    7. Shri. C.Ponnaiyan
    Election Officer,
    The All India Anna Dravida Munnetra Kazhagam, No 226/275, Avvai Shanmugam Salai, Royapettah, Chennai – 600014.

    8. Shri. Pollachi.V.Jayaraman
    Election Officer,
    The All India Anna Dravida Munnetra Kazhagam,
    No 226/275, Avvai Shanmugam Salai,
    Royapettah, Chennai – 600014. ….. Defendants

    AFFIDAVIT OF THE B.RAMKUMAR ADITYAN

    I B.Ramkumar Adityan S/o. Mr. R.Balakrishna Adityan &
    Mrs.Selvarathi, Hindu aged 48 years, residing at
    No.563.Thoothukudi Road, Virapandianpattinam, Tiruchendur Taluk – 628 216 now temporarily come over to Chennai for the purpose of filing above said Civil Suit do hereby solemnly affirm and sincerely state as under:
    1. I am the 1st Petitioner /1st Plaintiff herein in the above Civil Suit. I am filing this affidavit on my behalf and on behalf of the 2nd Petitioner/ the 2nd Plaintiff herein and as such I am well acquainted with the facts and circumstances of the case and as such I am competent to swear this affidavit.

    2. I respectfully submit that the 1st Respondent/ the 1st Defendant is recognized as a State Political Party by the Election Commission of India in the State of Tamil Nadu and Pondicherry. The 1st Respondent/ the 1st Defendant has its own Constitution, called the Rules and Regulations as per Guidelines prescribed by the Election Commission of India. The 1st Respondent/ the 1st Defendant Party bears Two Leaves Symbol in the State of Tamil Nadu and Pondicherry. I and the 2nd Petitioner/the 2nd Plaintiff are Primary Members of the 1st Respondent/ 1st Defendant Party.

    3. I respectfully submit that according to the Original Constitution/the Rules and Regulation of the 1st Respondent/ the 1st Defendant Party, the General Secretary is responsible for entire administration and function of the Party. Some important provisions are as follows. Rule: 19 (viii) of the 1st Respondent/ the 1st Defendant Party Constitution reads, the General Council will be the supreme authority to frame policies and programmes of the Party and for their implementation. The decision of the General Council is final and binding on all the members of the
    Party. Rule. 20 (i) of the 1st Respondent/ the 1st Defendant Party Constitution reads, “The General Secretary of the Party will be responsible for the entire administration of the Party”. Rule: 20 (ii) of the 1st Respondent/ the 1st Defendant Party Constitution reads, “The General Secretary shall be elected by the Primary members of all the Party Units of Tamil Nadu and the Members of Party in other States like Pondicherry, Andhra Pradesh, Kerala and Andaman Islands”. Rule 43: Amendments of the 1st Respondent/ the 1st Defendant Party Constitution reads, “The General Council will have powers to frame, amend or delete any of the rules of the party constitution. But the rule that the General Secretary should be elected only by all the primary members of the party cannot be changed or amended since it forms the basic structure of the party”. Rule 45 of the 1st Respondent/ the 1st Defendant Party Constitution reads, “The General Secretary is fully authorised to relax or make to any of afore said Rules and Regulations of the Party.”

    4. I respectfully submit that after sudden demise of our Former General Secretary Hon’ble Dr. J.Jayalalithaa, on 05.12.2016, the Party top functionaries instead of organising Election to elect a new General Secretary as per Rule 20 (ii) of the Original Constitution/ the Rules and Regulations, conducted a Emergency General Council on 29.12.2016 which appointed Smt.V.K.Sasikala as interim General Secretary and assigned all powers of the General Secretary.

    5. I respectfully submit that afterwards, the 2nd Respondent/2nd Defendant claimed himself having majority support in party cadres as against Smt.V.K.Sasikala. Subsequently, the 2nd Respondent/2nd Defendant and then Presidium Chairman, Late.Madhusudhanan filed a petition in Dispute Case No.2 of 2017 before the Election Commission of India, on various grounds and sought a direction to conduct fresh party elections for the post of General Secretary in accordance with the provisions of our Party bye laws, Quash all Acts, Orders, Directions, Commands and any other like Official Communications issued by Smt.Sasikala as General Secretary since 29.12.2016 onwards to be ultra vires, illegal and invalid and allot reserved symbol of our Defendant Party to their faction.

    6. I respectfully submit that the Election Commission of India passed an interim order on 22.03.2017, frozen the 1st Respondent/ the 1st Defendant Party Symbol Two Leaves and prohibits both rival factions from using the 1st Respondent/ the 1st Defendant Party Name and Two Leaves Symbol during the pendency of the dispute. In meanwhile, most of the our Party MLAs, MPs, Executive Council members and General Council members under the leadership of the 3rd Respondent/ 3rd Defendant and merged with the 2nd Respondent/2nd Defendant faction on 21.08.2017. Top leaders of the united leaders conducted the General Council on 12.09.2017.

    7. I respectfully submit that the General Council dated 12.09.2017 totally passed 12 Resolutions. Of which Resolutions No. 7, 10, 11 and 12 which were ultra vires to the Original Constitution of Our Party Original Constitution/the Rules and Regulations under the Rule.20 (ii), 43 and 45. This resolution created new posts in our Party viz. Coordinator, Joint Coordinator and Deputy Coordinator. And assigned posts to the 2nd, 3rd, 4th and 5th Respondents herein.

    8. I respectfully submit that the Resolution No.11 reads, “Conferring all the administrative powers of All India Anna Dravida Munnetra Kazhagam to the Coordinator and the Joint Coordinator who are assuming the administrative responsibilities of the Khazhagam. This Resolution No.11 disturbs the constitution of the 1st Respondent/ the 1st Defendant Party. The Act of the Respondents violated the privileges and the rights of the primary members of the party. There is a continuous demand among Party members to elect the General Secretary by the Primary Members.

    9. I respectfully submit that the Executive Council of the 1st Respondent/ the 1st Defendant Party on 01.12.2021 passed a Special Resolution and amended the Party Constitution to elect the Coordinator and Joint Coordinator jointly, elected by the basic members by a single vote. Further stated, the General Council has the power to pass – edit – remove the byelaw of the party. However, the election of the Party Coordinator and Joint Coordinator posts which have been created, reflecting the basic sentiment of this byelaw can only be done by the basic members of the party and it is not righteous to change or correct. The Coordinator and Joint Coordinator have absolute power to relax or exclude any Rule of the above stated Rules of the byelaw which came to force immediately from 01.12.2021 and it was decided in the Executive Committee meeting that the approval will be taken in the next meeting of the General Council.

    10.I respectfully submit that the amendments made in the 1st Respondent/ the 1st Defendant Party Constitution violated the rights of the Primary Members, disturbed basic structure of the Original Party Constitution/the Rules and Regulation and against wish of the Party founder Dr.M.G.Ramachandran and ultra vires to the spirit of the provisions of the Section.29.A of the Representation of the People Act’1951.

    11. I respectfully submit that in the Special Resolution passed in the Executive Committee Meeting dated 01.12.2022 reads “Accordingly, after studying the demands of the basic party members, hearing the opinions of the members in the Executive Committee meeting, the following of the party were proposed”. Coordinator and Joint Coordinator will be elected by the basic members of the Party. Prior to Executive Committee Meeting dated 01.12.2022, after amendment in the 1st Respondent/ the 1st Defendant Party on 12.09.2017, the Coordinator and Joint Coordinator Post created and announced, the Coordinator and Joint Coordinator will be elected by the members of the General Council jointly. All the Primary Members like Single Leadership. They don’t like present dual leadership. Lakhs of the Primary members wish to restore the Original Constitution/ the Rules and Regulation.

    12. I respectfully submit that hence we filed this Civil Suit for ourselves and on behalf of the members of the 1st Respondent/ the 1st Defendant under the Representative Capacity in order to ensure strict adherence of the provisions of the 1st Respondent/ the 1st Defendant Party Original Constitution by all the members including the Defendants. Hence, to safeguard the rights of the Primary Members, to fulfil the interest of the Primary Members of the 1st Respondent/ the 1st Defendant Party, It is necessary to file this Civil Suit to sue against the defendants in a Representative capacity under Order 1 Rule 8 of C.P.C. and Section 151 of CPC, representing the interest of several others, similarly situated. in the interest of Justice and equity.

    Therefore, it is most respectfully prayed that this Hon’ble Court may graciously pleased to grant leave to sue against the defendants in a Representative capacity under Order 1 Rule 8 of C.P.C., representing the interest of the primary members of the 1st Respondent/1st Defendant Party, similarly situated, in the interest of Justice and equity and thus render Justice.

    Solemnly affirmed at Chennai PETITIONER
    after the contents are explained
    to him in Tamil and having understood
    the same on this 23rd day of December’2021. BEFORE ME

    G.SURESH KUMAR ADVOCATE
    (Enroll No.325/2010) Cell:94426 11345.
    2010.- B.A.B.L.Tirunelveli Law College,
    Off : No.38. Law Chamber, High Court,
    Chennai
    Res:No.326/1.Vallalar Street,
    Selaiyur,chennai

    IN THE HIGH COURT OF JUDICATURE AT MADRAS
    (Ordinary Original Civil Jurisdiction)

    O.A.No. 1204 of 2022

    In

    CIVIL SUIT Filing .No.119663 of 2021

    B.Ramkumar Adityan
    And another One ,.… Plaintiffs

    Vs

    All India Anna Dravida
    Munnetra Kazhagam
    And another Seven .…. Defendants

    …………………………………………………
    AFFIDAVIT FOR PETITION UNDER
    ORDER XIV RULE 8 OF MADRAS HIGH
    COURT ORIGINAL SIDE RULES R/W
    ORDER I RULE 8 OF CIVIL PROCEDURE CODE 1908
    …………………………………………………..

    M/s. Mr.J.ANTONY JESUS (1498/1997)
    Mr. S.SANKAR (16/1999)
    Mr.R.RAJASEKAR (582/2015)
    Mr.B.MARIAPPA BABU (1666/2015)
    COUNSEL FOR THE PLAINTIFFS
    NO.38.LAW CHAMBER, HIGH COURT, CHENNAI- 600 104.
    E.Mail:efilingbrk@gmail.com Cell : 94865 67132
    :

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