Against the background of a chorus by partymen in support of Sasikala, called "Chinnamma" by her partymen, the plea against her election to the top party post was vehemently opposed by senior counsel B Kumar representing the ruling party when the matter came up before Justice K Kalyanasundaram.
AIADMK called Sasikala Pushpa's plea "vindictive," stating that she did not challenge her expulsion from AIADMK. Ruling party advocate said she had "no locus standi" to plead in an internal party matter.
Referring to reports in the media that "few party members" wanted Sasikala to assume the post of AIADMK General Secretary, the petition against Chinnamma's elevation said she was given party's primary membership in March 2012.
While Sasikala has completed only four and a half years as a primary member, the AIADMK bye-laws had an eligibility norm stipulating a primary membership for five continuous years to become General Secretary, it was submitted.
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Vijayan also contended that AIADMK bye-law of 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 that the rule of "continuous five year membership" was amended, still the "basic structure" for selection of General Secretaryby all primary members of all party units cannot be amended.
Arguing that Sasikala fell short of six months to contest,
"We do not want a short circuit selection of the General Secretary," he said.
AIADMK counsel Kumar submitted that petitioner Pushpa was already expelled from the party on August 1."She has not challenged her expulsion. She has no locus standi to comment about the activities of AIADMK."
He said AIADMK, a recognised political party by 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 submitted.
Seeking to counter the point that Pushpa had locus standi, AIADMK counsel said still Rule 5(1) of the AIADMK prevented members from approaching any court in connection with party matters. He further argued that the issue of notice to party members did not apply.
Vijayan argued that the registration under RP Act was meant only for allotting symbols and contended that other relevant laws applied.
After hearing arguments of both sides, the Judge issued notice to AIADMK, Sasikala Natarajan and Election Commission and posted the matter for further hearing to December 21.