The petition was filed by AIADMK Presidium Chairman E Madhusudanan.
Justice K Kalyanasundaram adjourned the case to December 23 and directed Rajya Sabha member Sasikala Pushpa and her husband Lingeswara Thilagan to file their counter in the matter.
Sasikala Pushpa and her husband had on December 16 filed the plea seeking an interim injunction from the court from appointing Sasikala against the backdrop of a chorus by partymen in her support for the top party post.
Sasikala was expelled from the party by the then General Secretary Jayalalithaa in December 2011. It was only in March 2012 that she was again given the primary membership. So far, she has not completed the mandated five years, and hence, was ineligible to contest, counsel for Sasikala Pushpa had contended on December 16.
Assuming the rule of "continuous five-year membership" was amended, still the "basic structure" for selection of the General Secretaryby all primary members of all party units cannot be amended, he said. Also, as per the Societies Registration Act, a minimum of 21 days notice has to be served on the members for attending the General Council, the counsel said.
He had said AIADMK, a recognised political party by the Election Commission, was not registered under the Societies Registration Act. AIADMK was registered as a political party under Representation of the People (RP) Act with the EC, he had submitted.
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