While hearing Thiru K. Palaniswamy vs. M. Shanmugam & Ors. case, the Supreme Court stated that “When Coordinator and Joint Co-ordinator were shown to be not functioning jointly (for whatsoever reason), a functional deadlock came into existence for the party (AIADMK) and a workable solution was required to be found. In the given scenario, the actions and steps taken by the requisitioning members as also by the Presidium Chairman cannot be declared as unwarranted or illegal at this stage. That being the position, convening of meeting could not have been taken as an act unauthorised.” The bench hearing the case also highlighted that “The Division Bench appears to have rightly analysed the frame of the said Rule 19(vii), where the requirement of 15 days’ notice is referable to the regular meeting and not as such to a requisitioned or special meeting. The approach of the learned Single Judge while examining the questions of balance of convenience and irreparable injury had been from an altogether wrong angle.” Thereby upholding the decision of division bench of high court supreme court ruled in favor of EPS and confirmed his post as Joint Co-ordinator.
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