[Letter from V S Srikumar]

Summary

This two-page letter, dated 2 January 1975 and signed by V. S. Srikumar as Joint Secretary of the All India Swatantra Party, urges the Election Commission not to act on a resolution passed by a purported National Convention of the party. Srikumar argues that the convention’s attempt to dissolve or merge the Swatantra Party into the BLD was unconstitutional and legally ineffective, while asserting that the party remained operational despite some members having defected. He reports that the party’s General Council had elected G. K. Sundaram as President, Girish Munshi as General Secretary, and himself as Joint Secretary, and had moved the party’s headquarters from Bombay to Madras.

Key points

• The letter asks the Election Commission not to freeze or reassign the Swatantra Party’s star symbol, “STAR.”
• Srikumar rejects the authority of a National Convention held in Delhi on 4–5 August 1974 to dissolve or merge the party.
• He cites a Sixth City Civil Court, Madras, suit in which the court reportedly held that the proposed dissolution was illegal and ultra vires.
• The letter states that the Swatantra Party’s General Council met in Madras on 8 December 1974 and elected new office-bearers.
• Srikumar argues that Piloo Mody, as a former Swatantra president and current BLD General Secretary, has no right to seek the party’s symbol for the BLD.
• The Election Commission is urged to consider the Swatantra Party’s legal title and interests rather than relying only on representations from rival parties.