(Order of the Court was made by The Hon'ble Acting Chief Justice) We have heard Mr.K.Balakrishnan, learned counsel for the petitioner and perused the materials available on record.
2. The petitioner has filed the writ petition (SR No.880 of 2017) challenging appointment of Ms.V.S.Sasikala as General Secretary of AI ADMK Party and consequently, praying to appoint a three member neutral panel consisting of (i) retired High Court Judge; (ii) retired Election Commissioner; (iii) sitting IAS Officer to conduct an election for the post of General Secretary and to direct the fifth respondent to register the name of the elected General Secretary.
3. Initially, the Registry has raised an objection for maintainability of the writ petition and maintainability note was placed before the learned Single Judge. The learned Single Judge, vide note order dated 08.2.2017, endorsed that since memo has been filed by the petitioner to post the matter before some other Judge, the matter may be placed before the Hon'ble Chief Justice for necessary orders. The Registry has placed the maintainability note before the Chief Justice on the administrative side. The Chief Justice directed to list the matter before the PIL Bench. Accordingly, the matter was listed today under the caption “maintainability”.
4. It is the case of the petitioner that after the demise of Selvi.J.Jayalalitha on 05.12.2016, the post of General Secretary of AI ADMK has become vacant. On 29.12.2016, an urgent meeting was called at Vanagaram and a hidden agenda was brought in the meeting to elect the first respondent as Adhoc General Secretary. Finally, an announcement was made in the said meeting that the first respondent was appointed as Adhoc General Secretary to AI ADMK. According to petitioner, as per Rule 19(vii) of AI ADMK Party rules, 15 days advance notice is mandatory for convening urgent General Council Meeting. In this case, no such advance notice was given. Therefore, appointment of the first respondent as Adhoc General Secretary of AI ADMK is arbitrary and unsustainable in law.
5. The learned counsel for the petitioner submits that the petitioner is a member of AI ADMK party and contributed time and money towards the welfare and development of the party. The petitioner has contested to the post of District Secretary (Tirupur Corporation District) during 2014 and also requested ticket to contest on behalf of AI ADMK for the assembly election 2016. The appointment of Adhoc General Secretary is without proper notice, agenda and opportunity. He, thus, submits that the writ petition is maintainable and the same may ordered to be numbered.
6. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, we are of the view that whatever pleaded and the prayer sought for in the writ petition are intra-party disputes of the ruling party, which cannot be dealt with in the writ petition.
7. In the result, the objection raised by the Registry is sustained and the writ petition SR is dismissed. No costs.
Index : Yes/No Internet : Yes/No bbr To The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi, Delhi – 110 001.
(H.G.R., ACJ.) (R.M.D., J.) 01.03.2017 The Hon'ble Acting Chief Justice and R.Mahadevan, J.
bbr W.P.No. SR 880 of 2017 01.03.2017 http://www.judis.nic.in