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AIADMK's own rules are against Sasikala Natarajan

In multiple petitions filed before the EC, AIADMK MP Sasikala Pushpa, as well as the O Panneerselvam camp have alleged that Sasikala's leadership is in violation of the party's very own rules.

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On Wednesday, the Election Commission will pass its verdict on the fight for the AIADMK's symbol between two warring factions. The EC will also give its word on Sasikala Natarajan's appointment as the AIADMK general secretary. In multiple petitions filed before the EC, AIADMK MP Sasikala Pushpa, as well as the O Panneerselvam camp have alleged that Sasikala's leadership is in violation of the party's very own rules. Here is what the party rules state and why they pose a problem for Sasikala.

Sasikala Natarajan

Appointed versus elected

O Panneerselvam, in his petition to the EC, has stressed that Sasikala was appointed to the post of 'interim' general secretary in violation of the party's rules amended on February 5, 2017. A united AIADMK, on the day of Sasikala's appointment, had claimed that the 'appointment' was temporary but she would be later 'elected' by members of the party in keeping with the party rules.

Rule 20 (ii) of the AIADMK's Rules and Regulations states that the general secretary shall be elected by the primary members of all party units in Tamil Nadu and the members of the party in other states such as Puducherry, Andhra Pradesh, Karnataka, Kerala and Andaman Islands. Sasikala Natarajan, however, never faced elections, instead, she was appointed by 2,090 of the 2,141 members of the general council. In her reply to the EC, Sasikala has claimed that the 'general council represents all the primary members since each one of them is selected by the party's primary members'.

The Panneerselvam camp rejects this stance, claiming that former chief minister Jayalalithaa herself brought in an amendment, prohibiting indirect appointments to the post of general secretary.

Rule 43, that deals with amendments of party rules and regulations says that the general council has powers to frame, amend or delete any of the rules of the party constitution, but the rule that the general secretary should be elected only by all the primary members of the party cannot be changed or amended, since it forms the basic structure of the party. Panneerselvam's camp has appraised the EC of this rule in their representation.

The five-year rule

Sasikala has not been a member of the party for five consecutive years and this has been raised by many opposing her appointment as interim general secretary. Rule 30 (V) of the party states that those wanting to contest for the posts of office bearers should have been members of the party for five years in a row.

The rule also states that those who leave the party in between or are removed from the party by the general secretary upon disciplinary action will cease to be party members. Sasikala was ousted by Jayalalithaa from her house and the party 2011 making her ineligible according to the above rule. The rule also adds that in the case of a person who has been removed or left the party and has been re-admitted, their date of readmission will be taken into account and they will be eligible to contest the organisational elections only after completing five years in the party.

It may be noted that Sasikala's nephew and current deputy general secretary of the AIADMK, TTV Dinakaran was also expelled in 2011. Both were removed from the party's primary membership but Sasikala was re-admitted in March 2012, yet she had not completed five consecutive years in the party when she was appointed the interim general secretary in December 2016.

In her reply to the EC, Sasikala claimed that her original membership was restored, which was rubbished by the Panneerselvam camp. Panneerselvam maintains that her expulsion was never reversed.

In the case of death of incumbent general secretary

Rule 20 (V) states that collective leadership is a possibility. In the case of general secretary post becoming vacant for any reason, the office bearers who were nominated by the previous general secretary will hold office and continue to function till the new general secretary is elected and assumes office, the rule states.

Sasikala, however told the EC that appointment to the post of general secretary was crucial after the incumbent's death since the party as a collective could not carry out functions of a general secretary. The Panneerselvam camp has countered Sasikala's claim deeming it a violation of rule 20 (V).

The EC is expected to pass its judgment on Sasikala's appointment on Wednesday and Panneerselvam's camp hopes that these violations are enough to convince the EC of her ineligibility to hold the post. The Panneerselvam camp also hopes that the EC acknowledges that E Madhusudhanan, appointed by Jayalalithaa as the presidium chairman and Panneerselvam himself, who was appointed as chief minister represent Jayalalithaa's party.

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