Chennai: The Madras high court has reserved orders on the application filed by AIADMK party presidium Chairman and former minister E.Madhusoodhanan, to reject the suit filed by expelled Rajya Sabha MP Sasikala Pushpa and her husband, which sought to restrain the party from unlawfully and arbitrarily appointing V.K.Sasikala, a close aide of former chief minister late J.Jayalalithaa as General Secretary of the party. Justice K.Kalyanasundram reserved orders after hearing elaborate arguments from both sides on Friday.
When the application came up for hearing, senior counsel R.Krishnamurthy, appearing for Madhusudanan, submitted that Sasikala Puspha herself admitted that she has the knowledge that she was expelled from the party. By virtue of such knowledge, she loses the locus standi. As far as her husband was concerned, who claimed to be a primary member, he only stated in the plaint that he intends only to help her wife in her political career. Apart from this he had not claimed anything else in his independent capacity as the party member, he added.
He said the entire plaint was purely based on media reports, which was not permissible. Such reports cannot be a basis of a suit before this Court. Their argument that Sasikala lacks primary membership continuously for five years does not stand. The then general secretary has clearly stated in the revocation order that the suspension stands cancelled. Thus the suspension does not exist. Moreover, Sasikala Puspha has not challenged her expulsion so far, he pointed out.
Senior Counsel K.M.Vijayan, appearing for Sasikala Pushpa submitted that when plaint was moved, the date of the meeting in which Sasikala would be elected as General Secretary was vague. But now the party has officially announced that the meeting would be held on December 29. Sasikala Pushpa had personal knowledge about the attempt to elect Sasikala. The same information was also published in the media. Such reports were only the documents available to her in the public domain. Knowledge of expulsion was different from official communication. First, an official order must be issued then only the question of challenging the same comes, he added.
Senior Counsel V.Prakash, appearing for Lingeshwara Thilagam submitted that reliance on newspaper reports for a case depends on the context. There cannot be a standard rule that news reports cannot be relied. Whether the interest of a minor group in the party who occupies positions prevails or the bylaws of the party prevail was the cause of action of this suit, he pointed out.
