Key members of the camp led by sidelined deputy general secretary of the All India Anna Dravida Munnetra Kazhagam (Amma) T.T.V. Dhinakaran, such as Andipatti MLA Thangatamilselvan, have argued that the Election Commission (EC) has no jurisdiction to go into the question of appointment of V.K. Sasikala as interim general secretary. A former Chief Election Commissioner (CEC), however, says the EC does have the authority to do so.
In its order on March 22 in the “E. Madhusudanan v/s V.K. Sasikala,” case, the Commission, while freezing the AIADMK’s symbol of “two leaves,” decided that it would not go into Sasikala’s appointment.
Giving his view on the issue, former CEC H. S. Brahma says political parties, at the time of formation, submit their memoranda, constitutions or rules and by-laws, which deal elaborately with various matters such as the election of persons for important posts such as president and general secretary.
“If the Election Commission finds that the election or appointment of anyone is in violation of the procedure prescribed by the given party, it can very well hold such appointment as ultra vires of the party constitution or bye-laws,” he says, adding that it is with the EC that parties register themselves.
While the Commission has the power to recognise and de-recognise any party as a national or a State party, it has no power to order de-registration of the parties. “This lies with the Government of India,” he adds.
Another former CEC, echoing a similar view, says: “It is the job of the Commission to ensure inner party democracy in practice.” When the parties do not hold meetings of their general councils within the stipulated time, they do approach the Commission to seek deadline extension. The EC does have powers to go into organisational matters. But, he concedes that rules and regulations governing political parties in the country are “not very strong” and, invariably, the Commission is also not stringent on enforcing the existing rules.
‘Incidental matter’
However, former Chief Electoral Officer of Tamil Nadu Naresh Gupta differs with the view of the two former CECs. Only when the EC takes up the issue of freezing or de-freezing symbol of a party, does it goes into the matter of office-bearers.
“So, this is incidental,” he says, adding that the issue of symbol allotment is normally decided by applying the test of majority support among members of the organisational and legislature wings of the given party.
