Madras HC upholds TN Speaker's decision disqualifying 18 AIADMK MLAs

In a major relief to the AIADMK government in Tamil Nadu the Madras High Court on Thursday upheld the state Assembly Speakers decision disqualifying 18 AIADMK legislators last year that could pave the way for byeelections in 20 constituencies including two left vacant by the death of the incumbentsJustice M Sathyanarayanan the third judge named by the Supreme Court after a split verdict delivered by a twojudge bench upheld Speaker P Dhanapals order saying it was done under the provisions of the antidefection law and lifted the stay on holding byeelections to these constituenciesBefore reading out the operative portions of the judgement Justice Sathyanarayanan observed that he was giving his verdict independently of the arguments presented before him and was not going by the judgement given by the then Chief Justice Indrani Banerjee and Justice M SundarWhile Banerjee had upheld the Speakers decision Justice Sundar had set it asideThursdays decision of Justice Sathyanarayanan paves way for the byeelections unless the disqualified MLAs approach the Supreme Court against their disqualification and seek a stay on the bypollsThe disqualified legislators are with sidelined party leader TTV Dhinakaran now an Independent legislator in the Tamil Nadu Assembly Reacting to the judgement Dhinakaran told reporters We will discuss with the 18 legislators and decide on the future course of action He said it was an experience for usIf the 18 disqualified legislators decide to go on appeal against the decision then we will go for an appeal Dhinakaran saidThe apex court had appointed Sathyanarayanan replacing Justice Vimala who was originally appointed by the high court as the third judge following a split verdict in the case in JuneWhile Chief Justice Banerjee heading the twojudge bench declined to interfere with Dhanapals decision taken in September 2017 Justice Sundar set aside the Speakers order on the ground that it was hit by perversity noncompliance with the principles of natural justice mala fides and a violation of the constitutional mandateThe judges said since there was disagreement between them the case should be transferred to a third judgeMaintaining the status quo the court also said till the case was finally decided the interim order issued earlier that barred holding of byeelections and the floor test in the Assembly would continueIn the 296page judgement Justice Banerjee said that in her opinion the view taken by the Speaker was possible if not plausible and I am unable to hold that the said decision is any way unreasonable irrational or perverseIt is wellsettled that when two views are possible the High Court does not in exercise of its power of judicial review conferred under Article 226 of the Constitution of India interfere with the decision just because it prefers the other viewNo interference is therefore warranted with the impugned order passed by the Speaker she said dismissing the petitions by the disqualified MLAsIn his order differing with the Chief Justice Justice Sundar said sum totality of discussion leads this court to inevitably conclude that the impugned order of the Speaker disqualifying 18 writ petitioners herein deserves to be set asideIn case the court had upheld the disqualification then there would have been byeelections in 18 constituencies exposing the ruling party to vulnerabilities of electoral politicsOn other hand if the court had quashed the Speakers disqualification order the government may have to face an oppositionsponsored noconfidence motion which it would find difficult to surviveIn the 235member Assembly the AIADMK has 115 members followed by the DMK with 88 Congress eight one of the IUML one Independent the Speaker and 20 vacant seats 18 disqualified and two dead Besides there is a nominated memberThree legislators though belonging to three different parties won their seats under the AIADMKs two leaves symbol Of that one legislator Karunas is openly supporting DhinakaranThe case pertains from the time when O Panneerselvam now Deputy Chief Minister had rebelled against the party led by jailed leader VK SasikalaLater he merged his group with the faction led by Chief Minister K Palaniswami who sidelined Sasikala and her nephew DinakaranIn 2017 a group of 19 lawmakers met then Governor CVidyasagar Rao and gave a memorandum expressing loss of confidence in Palaniswami and requested him to appoint a new Chief MinisterThe Speaker then issued notice to the lawmakers asking them why they should not be disqualified under the antidefection lawSubsequently one of legislators STK Jakkaiyan switched over to the Palaniswami side and the others were disqualifiedReacting to the judgement Stalin said the bypolls for the 20 assembly constituencies should be held immediatelyIn the 235member Assembly the AIADMK has 115 members followed by the DMK with 88 Congress eight one of the IUML one Independent the Speaker and 20 vacant seats 18 disqualified and two dead Besides there is a nominated memberThree legislators though belonging to three different parties won their seats under the AIADMKs two leaves symbol Of that one legislator Karunas is openly supporting DhinakaranSpeaking to reporters after the Madras High Court verdict the advocate for 18 disqualified legislators N Raja Senthoor Pandian said there are three options appeal to the Supreme Court face bypolls or prefer an appeal and face the bypollsA spokesperson of PMK NVinobha said that the Election Commission has to hold the bypolls for Thiruparankundram and Tiruvarur constituencies by February 2019The PMK as a policy does not contest in bypollsQueried whether the party would continue with that policy if bypolls are held for 20 seats simultaneously Vinobha said Two scenarios are there The bypolls could be held separately or held together with Lok Sabha polls The party high command would take a decision on thatCatch up on all the latest Crime National International and Hatke news here Also download the new 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