Two CPI members get Madras High Court reprieve

 

On April 17 this year,  Sekar and Venugopal were expelled from the party for their alleged anti-party activities. Allowing an application, arising out of a suit filed by Sekar and Venugopal, Justice K. Ravichandrabaabu said, “This court finds that if no interim order is granted as sought for, it would certainly cause an irreparable injury to the applicants, as their right to function as members has been taken away without following the due procedure”.

 

Originally, Sekar and Venugopal filed a suit challenging the election of Mutharasan as the state secretary and also to declare their expulsion as illegal. They also filed applications one to restrain Mutharasan from functioning as state secretary and the other to restrain Mutharasan and Pandian from interfering with their functioning as CPI members. Concurring with the submission of senior counsel P. Wilson, appearing for the applicants, the judge said punishment of expulsion being a major one the same should pass the test of principles of natural justice. Admittedly, when the said principle was not followed in this case, he was of the view that a strong prima facie case had been made out by the plaintiffs. “Considering all these aspects more particularly on the admitted position of facts, I find a strong prima facie case in favour of the applicants. The balance of convenience is also in their favour. Whether the action of the plaintiffs is anti-party activity or not, is to be decided by the disciplinary authority only after considering their explanation and hearing them in person.” The court dismissed another application to restrain Mutharasan from functioning as secretary.