Use of AIADMK part flag, symbol case | Madras High Court dismisses appeal preferred by OPS

Madras High Court dismisses appeal by AIADMK expelled leader O. Panneerselvam challenging the use of party symbols.

The Madras High Court on Thursday, January 11, 2024 dismissed an appeal preferred by AIADMK expelled leader O. Panneerselvam challenging a single judge’s November 7, 2023 order restraining him from using the party flag, symbol and letterhead.

Justices R. Mahadevan and Mohammed Shaffiq said, the appellant could only approach the single judge to get the interim injunction vacated after filing counter to the suit filed by party general secretary Edappadi K. Palaniswami. 

The judges agreed with senior counsel Vijay Narayan, representing Mr. Palaniswami, that the remedy against the interim injunction was only a vacate injunction application before the single judge and not an appeal before the Division Bench.

Justice N. Sathish Kumar had granted the interim injunction after finding that Mr. Panneerselvam had not filed a counter affidavit to Mr. Palaniswami’s civil suit, for a permanent injunction, despite being granted sufficient time.

Challenging the single judge’s order before the Division Bench, Mr. Panneerselvam had contended he could not be restrained from using the party flag, symbol and letterhead when another civil suit filed by him challenging his expulsion from the party was pending in the High Court.