SC Junks Petition Challenging Sasikala Holding Party Post Despite Disqualification

The Supreme Court bench of the Chief Justice J.S.Khehar and Justice D.Y.Chandrachud, on Friday, dismissed a plea for issuance of a direction to the Election Commission to decide on a representation seeking to bar AIADMK General Secretary V K Sasikala from heading the party after her conviction and sentence of four years’ imprisonment in the disproportionate assets case.  She is now lodged at  Bengaluru's Parappana Agrahara prison since February.

The petition was filed by Aam Aadmi Party leader from Tamil Nadu, S.A.N.Vasigaran, and argued by AOR, N. Rajaraman.

Vasigaran’s counsel argued that a person disqualified under the Representation of Peoples’ Act could not lead a political party having elected representatives in state assembly and Parliament.  The petition raised an interesting issue whether a person disqualified under the RPA can decide the voting decisions of a political party’s representatives in the assembly and Parliament by virtue of her leadership of the party outside the House.  She is the supreme head of 135 MLAs and 50 MPs, Vasigaran told the bench through his counsel.

The bench, however, remained unconvinced, and dismissed the petition saying that the post of the general secretary of a political party is not a public office, let alone an elected office.

Analysis Of the Order

Political parties have been recognized as public authorities under the RTI Act, with an obligation to answer queries by applicants, by the Central Information Commission in 2013.  The order was not challenged by the political parties which, however, refused to abide by it.   A complaint by an applicant that political parties refused to answer his queries under the Act, despite the CIC’s order, is pending for resolution by the CIC. Therefore, the Supreme Court’s reversal of the CIC’s order, without hearing it on merits, through an oral observation, has surprised RTI activists.

Secondly, the Election Commission grants recognition to political parties on the condition that their leaders are elected democratically and periodically, according to their party constitutions.  Therefore, to suggest, as the Supreme Court bench has done on Friday , that the post of party general secretary is not an elected office, smacks of ignorance of the EC’s requirements for recognition of political parties.

Vasigaran’s petition deserved a proper hearing by the Supreme Court, on merits.