legal filing
[Plaint Under or 7 Role IC PC]
Madras · 1974
9 pages
Summary
This untitled English-language court filing, dated 29 August 1974, is a plaint in the City Civil Court, Madras, seeking permanent or prohibitory injunctive relief over control of the Tamil Nadu unit, premises, and assets of the Swatantra Party. The three plaintiffs—G.K. Sundaram, V.S. Srikumar, and V. Devanathan—present themselves as office-bearers or workers of the party and claim representative authority to protect its administration and property. They describe the Swatantra Party as an All India national political party founded by C. Rajagopalachari and other leaders, governed by its constitution and programmes, and claim that the Tamil Nadu unit has approximately 8,000 members.
The plaintiffs allege that several defendants, after aligning with the newly formed Bharatiya Lok Dal, attempted to take control of the Tamil Nadu party office at 76 G.N. Chetty Road, Madras, by entering the premises, putting up a new name board, hoisting the Bharatiya Lok Dal flag, and threatening those in possession. The pleading argues that Piloo Mody and Madhu Mehta lacked authority to dissolve or merge the Swatantra Party, that the party constitution did not permit such a transfer of assets or merger, and that the Tamil Nadu unit was entitled to continue as an independent unit. The accompanying affidavit of V.S. Srikumar reiterates that the alleged merger was legally and constitutionally ineffective and asks for an interim injunction preventing entry into the premises or use of party assets. The pages show the pleadings, verification, filed-document list, and affidavit, but not any subsequent court order or adjudication.
Key points
- The document is a 1974 plaint under Order VII Rule 1 of the Code of Civil Procedure filed in the City Civil Court, Madras.
- Three plaintiffs seek injunctive protection for the Tamil Nadu Swatantra Party, its office, management, and assets.
- The plaintiffs claim that the Swatantra Party was an all-India national party founded by C. Rajagopalachari and other national leaders.
- The central dispute concerns an alleged dissolution and merger of the Swatantra Party with the Bharatiya Lok Dal.
- The plaintiffs allege that defendants entered the party office, hoisted the Bharatiya Lok Dal flag, and attempted to interfere with the plaintiffs’ possession and administration.
- The pleading relies on the Swatantra Party constitution, national-convention materials, national-executive instructions, and a press statement by Madhu Mehta.
- The accompanying affidavit argues that the alleged merger resolutions could not lawfully bind the Tamil Nadu unit or transfer party assets.
- The rendered pages end with the plaintiffs’ prayer and affidavit; they do not include a judicial decision or the outcome of the injunction application.
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