The warring AIADMK factions led by jailed leader V.K. Sasikala and former Chief Minister O. Panneerselvam are all set to argue their cases for wresting control of the party before the Election Commission in New Delhi on Wednesday.
The Commission has the task of settling two key disputes. One, whether the appointment of Sasikala as general secretary of the party is in accordance with the AIADMK rules and regulations as amended on February 5, 2007. Two, which of the two factions get to use the party’s popular ‘Two Leaves’ symbol in the Dr. Radhakrishnan Nagar Assembly constituency, where by-election is due on April 12.
Insofar as the first issue is concerned, the party rules alone appear adequate to unambiguously decide on the issue.
Rule of majority
As for the allotment of election symbol is concerned, the Sasikala faction, which currently enjoys majority suppor t from the MLAs, MPs and party district unit office-bearers is contending that the rule of majority must apply. In its representation to the Election Commission, it has referred to the poll body’s decision in the Samajwadi Party case – where a dispute arose between its national president Mulayam Singh Yadav and his son Akhilesh Yadav – in January last.
The faction has cited the Commission’s order, which reads: “In any democratic institution, which the political parties are, the will of the majority should prevail in the internal functioning of the party, and if the majority will is suppressed or not allowed to have a proper expression, it will amount to ‘tyranny of the minority.”
‘Different circumstances’
However, the Panneerselvam faction, in its response, has questioned the applicability of the order in the Samajwadi Party case in the instant dispute.
“The observation of this Hon’ble Commission in the Samajwadi Party case has no application in the present matter as the factual matrix are entirely different. Unlike the present case, the party bylaws weren’t given a go-by as they have been in this case,” it has said.
The faction has argued that since Sasikala’s election as general secretary was in dispute, only Mr. Panneerselvam or Mr. Madhusudhanan, who were appointed party treasurer and presidium chairman respectively by Jayalalithaa, had the powers to authorise the use of the party’s election symbol for contesting in elections.
Their expulsion from the post by Sasikala was bad in law, it was argued.
