The Supreme Court today dismissed a plea for issuance of a direction to the poll panel to decide on a representation seeking to bar AIADMK General Secretary V K Sasikala from heading the party after her conviction and imprisonment in a disproportionate assets case.
The bench headed by Chief Justice J S Khehar refused to entertain the plea filed by Aam Aadmi Party leader S A N Vasigaran from Tamil Nadu alleging that Sasikala heading the party was in violation of provisions of the Representation of the People Act.
“It cannot be done because this is not a public office.
This is not an elected office which she is holding. Sorry declined,” the bench, also comprising Justice D Y Chandrachud, said.
Sasikala, who was convicted by the apex court in the disproportionate assets case, has been lodged at Bengaluru’s Parappana Agrahara prison since February.
“How can a person, who ceases to be an elector or voter on account of his or her conviction and subsequent sentencing, be allowed to lead a party having elected representatives,” the counsel for Vasigaran asked.
The AAP leader, on April 14, had given a representation to the Election Commission asking it to take a decision as to whether Sasikala can still be leading the party as the general secretary even after being convicted and sentenced in the assets case.
He said that the leader cannot even vote in an election due to her imprisonment and how can she lead a party having elected representatives.
The plea further contended that according to the Constitution, a person should not be under any disqualification for being appointed as a legislator.
The petitioner further said that he was raising the issue as a convicted prisoner continues to be the supreme head of 50 MPs and 135 MLAs without active protest and prevention of the Election Commission and the state poll panel as it violates the spirit of the orders of the apex court.
( Source – PTI )