AIADMK today filed a petition in the Madras High Court seeking quashing of the plea by expelled AIADMK MP Sasikala Pushpa and her husband to restrain the ruling party from appointing former chief minister Jayalalithaa's aide V K Sasikala as party General Secretary.
The petition was filed by AIADMK Presidium Chairman E Madhusudanan.
Justice K Kalyanasundaram adjourned the case to December 23 and directed Rajya Sabha member Sasikala Pushpa and her husband Lingeswara Thilagan to file their counter in the matter.
Sasikala Pushpa and her husband had on December 16 filed the plea seeking an interim injunction from the court from appointing Sasikala against the backdrop of a chorus by partymen in her support for the top party post.
Referring to reports in the media that "few party members" wanted Sasikala, called "Chinnamma" by her party people, to assume the top party post, the counsel for the MP submitted that the primary eligibility to contest the election for the General Secretary is that the contestant must have been a primary member of the party continuously for five years as per the AIADMK bye-laws.
Sasikala was expelled from the party by the then General Secretary Jayalalithaa in December 2011. It was only in March 2012 that she was again given the primary membership. So far, she has not completed the mandated five years, and hence, was ineligible to contest, counsel for Sasikala Pushpa had contended on December 16.
K M Vijayan, counsel for the MP, had submitted that AIADMK bye-law under Section 20 (2) says that the General Secretary should be selected by all the primary members of all party units. He further submitted that AIADMK proposed to amend the party bye-laws to facilitate appointment of Sasikala as General Secretary.
Assuming the rule of "continuous five-year membership" was amended, still the "basic structure" for selection of the General Secretary by all primary members of all party units cannot be amended, he said. Also, as per the Societies Registration Act, a minimum of 21 days notice has to be served on the members for attending the General Council, the counsel said.
AIADMK counsel B Kumar had then submitted that Sasikala Pushpa was expelled from the party on August 1 this year. "She has not challenged her expulsion. She has no locus standi to comment about the activities of AIADMK."
He had said AIADMK, a recognised political party by the Election Commission, was not registered under the Societies Registration Act. AIADMK was registered as a political party under Representation of the People (RP) Act with the EC, he had submitted.