The DMK on Tuesday moved the Supreme Court seeking urgent hearing on its petition in the disqualification of 11 AIADMK MLAs, who voted against Tamil Nadu Chief Minister Edappadi K Palanisamy in a confidence motion in 2017.
After hearing the initial arguments, a bench headed by Chief Justice Ranjan Gogoi said it will look into the matter and consider listing of the DMK's petition seeking court's direction to disqualify the MLAs, which also include Deputy Chief Minister O. Panneerselvam.
In April, last year the Madras High Court rejected a plea by the DMK to disqualify the 11 MLAs.
Panneerselvam and the other 10 MLAs, who were in the rebel camp, had voted against the trust vote, which was sought by Palaniswami on February 18, 2017.
Senior advocate Kapil Sibal made an oral mention for DMK leader R. Sakkarapani before the court. Sibal submitted that the hearing of the case concerned has been in limbo since January after the retirement of Justice A.K. Sikri, who had heard the proceedings in the case.
The DMK leader appealed against Madras High Court refusal to ask Speaker to act on the petition to disqualify 11 AIADMK members
The DMK in the special leave petition has asked when a speaker abandons his duty, thus in these circumstances, could a constitutional court issue a mandamus under the Tenth Schedule of the Constitution to disqualify a member.
The plea seeking disqualification of the MLAs was placed before the Speaker under Paragraph 2 (1)(b) of the Tenth Schedule of the Constitution. However, no notice was issued by the Speaker disqualifying the MLAs.
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