Madras High Court dismisses plea against M H Jawahirullah
The complaint proceeds as if the applicant was still continuing as the general secretary, entitled to represent the organisation.
Chennai: The Madras high court has dismissed an application challenging a resolution electing M. H. Jawahirullah, P Abdul Samad and O.U. Rahamathullah as president, general secretary and treasurer of Manithaneya Makkal Katchi, a political party.
Justice K.K. Sasidharan dismissed the application filed by M. Tameemum Ansari, erstwhile general secretary of the party, which sought to permit him to sue the trio in a representative capacity.
The judge said the erstwhile general secretary of MMK filed the suit for and on behalf of the party to declare the meeting held on October 6, 2015, as illegal and contrary to constitution and consequently to declare invalid the resolutions electing the trio.
The complaint proceeds as if the applicant was still continuing as the general secretary, entitled to represent the organisation. He pleaded ignorance with regard to the amendment made to the constitution and creation of the post of president and the authority to represent the organisation in the place of general secretary. Documents produced by the three office-bearers’ show that amendment was made to the constitution by the general body.
Those amendments were registered with the Election Commission (EC). The applicant by way of his application dated October 14, 2015 requested the EC to furnish him a copy of the amended constitution of the party. This document very clearly shows that applicant was aware of the amendment.