B.RAMKUMAR ADITYAN Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed the present writ petition, before being numbered it is posted for maintainability as the Registry has raised certain questions with regard to maintainability of the prayer sought for by the petitioner.

(2.) The learned counsel appearing for the petitioner canvassed for maintainability of the present writ petition. The prayer sought for in the writ petition under Article 226 of the Constitution of India and in the affidavit filed in support of the writ petition, the petitioner claims to be the member of All India Anna Dravida Munnetra Kazhagam, hereinafter referred to as 'AIADMK' in the presence of their supremo Dr.J.Jayalalitha, former Chief Minister of Tamil Nadu at Kovilpatti on 06.12.2000. The petitioner claims that the AIADMK is a recognized party vide first respondent in the State of Tamil Nadu and Puducherry, which has its own Constitution known as Rules and Regulations.

(3.) The petitioner further claims that the supremo of 'AIADMK' late.Dr.J.Jayalitha has been unanimously elected as General Secretary to their party on 29.08.2014 who appointed various persons as second, third and fourth respondents as party Treasurer, Presiding Chairman and party organizing Secretary respectively. Due to sudden death of Dr.J.Jayalitha on 05.12.2016, the respondents 2 to 5 and other top cadres instead of organizing election for selecting the new General Secretary of the party as per Rule 20(ii) of the Party's Constitution organized a meeting of General Council members of 'AIADMK' on 29.12.2016 and unanimously passed a resolution and appointed V.K.Sasikala as interim General Secretary of the 'AIADMK' against the provisions of Rules and Regulations of the 'AIADMK'. Earlier to the said meeting a letter, calling for emergency General Council meeting, was sent to the members of the General Council. Rule 20(ii) which according to the petitioner is as follows:- "Rule 20(ii)- The general Secretary shall be elected by the primary members of all the party units of Tamil Nadu and the members of the party in other States like Pondicherry, Andhra Pradesh, Karnataka, Kerala and Andaman Islands."