: Two days after V.K. Sasikala, close aide of former Chief Minister Jayalalithaa, took over as the general secretary of the ruling AIADMK, the Madras High Court on Monday closed a civil suit moved against her elevation by expelled party Rajya Sabha MP Sasikala Puspha.
While allowing a plea moved by party presidium chairman E. Madhusuthanan opposing the suit, Justice K. Kalyanasundaram closed the civil suit moved by the MP and her husband Lingeswara Thilagam seeking to restrain the attempts within the AIADMK to elevate Ms. Sasikala as the party chief.
On December 23, 2016, after recording arguments put forth by both the parties, the judge had reserved his orders.
Meanwhile, the party’s general council appointed Ms. Sasikala as the general secretary and she formally took charge of the office on December 31. The main contention of the expelled MP and her husband was that Ms. Sasikala was ineligible to contest for the top post for want of continuous primary membership in the party for five years, as mandated by the AIADMK’s by-law.
They also contended that the general secretary of the party can only be elected by all the primary members of the party and this rule cannot be amended.
Denying the contentions, counsels for Ms. Sasikala and the AIADMK argued that the MP and her husband do not have locus standi to move the suit. It was also argued that as a matter of fact, Ms. Sasikala does not suffer from any disqualification, in the light of “indisputable fact” that her alleged expulsion from the party on December 19, 2011, was duly cancelled by the then general secretary Jayalalithaa as per the by-laws of the party on March 31, 2012.
As a result, there was no break in continuity of her membership since the alleged removal is effaced and non est (does not exist), they contended.
