The Madras High Court
In a major relief for the E Palaniswami government, the Madras High Court on Thursday upheld the disqualification of 18 AIADMK legislators on Thursday.
The verdict was pronounced by the Supreme Court appointed third judge Justice M Sathyanarayanan.
Earlier on June 14, the first bench of the court passed a split verdict, with the then Chief Justice Indira Banerjee upholding the decision of the Assembly Speaker P Dhanapal in disqualifying the MLAs under the anti-defection law. The second judge, Justice M Sundar differed and set aside the disqualification order the Speaker on the grounds of non-compliance with principles of natural justice and violation of constitutional mandate.
Later, the senior-most judge of the high court, Justice Huluvadi G Ramesh appointed Justice S Vimala as the third judge to decide the case. Dissatisfied over the choice of judge, one among the disqualified legislators approached the Supreme Court seeking to transfer the disqualification case to itself.
Finally, the vacation bench of the Supreme Court nominated Justice Sathyanarayanan as the third judge.
Justice Sathyanarayanan said there was no infirmity in the order of the Assembly Speaker P Dhanapal, which was upheld by Banerjee.
"All the material that were availble at the time of passing of the order by the Speaker alone have been taken into consideration and this court cannot go into the subsequent events," he observed while upholding their disqualification.
Welcoming the High Court verdict, Tamil Nadu Chief Minister E Palaniswami said that that even if bypolls are announced for the 18 assembly seats, 'Amma's Government' will win all of them.
Meanwhile, Amma Makkal Munetra Kazhagam chief TTV Dinakaran said that the court judgment was not a setback for him and is ready to face the situation. He added that the future course of action will be decided after meeting with the 18 legislators.
Expressing joy over the High Court verdict, Tamil Nadu Deputy Speaker Pollachi V Jayaraman said that that the judgment was a tight slap in the face of 'traitors and cheaters'. He added that even if an appeal is filed, truth will prevail.
The ruling AIADMK in Tamil Nadu on Thursday hailed the Madras High Court verdict upholding the disqualification of 18 party MLAs saying it was a "just order."
Party spokesperson P Valarmathi expressed joy over the verdict and said the K Palaniswami government has now proved its 'stability.'
"We are very happy...this is a just order," Valarmathi told PTI.
When asked about the disqualified MLAs' plea to hold by-elections in their constituencies, she said the AIADMK was ready and expressed confidence that the ruling party will emerge victorious in all the 20 seats.
Meanwhile, DMK President MK Stalin urged the Election Commission to take necessary steps to fill the 18 vacant seats.
WHAT IS THE MLA DISQUALIFICATION CASE?
Eighteen lawmakers presented letters to the then Governor Vidyasagar Rao pulling out their support to Edappadi K Palaniswami as Chief Minister in September last year. This followed the merger of the Palaniswami and Panneerselvam factions that were formed after the death of J Jayalalithaa and ascendency of VK Sasikala as the supremo in the AIADMK.
Speaker P Dhanapal had disqualified the 18 lawmakers for “voluntarily giving up their memberships in the party” against which the Dhinakaran faction had fought a long-drawn legal battle. The Supreme Court appointed judge Justice M Sathyanarayanan will deliver his judgment in the case against this disqualification on Thursday.
Following her imprisonment in the disqualification case, Sasikala had installed her nephew TTV Dhinakaran as the party’s Deputy General Secretary, but his relegation from the party came about in the course of the merger of the two factions. Dhinakaran had started his own political outfit The Amma Makkal Munnetra Kazhagam following his victory in the RK Nagar by election, which also saw the first lawmaker from the VK Sasikala family.
