Madras HC Split Verdict On Disqualification Of AIADMK MLAs: Here Are The Reasons Given By The Two Judges

A Division Bench of the Madras High Court on Thursday delivered a split verdict on the petitions challenging the disqualification of 18 dissident AIADMK MLAs owing allegiance to AMMK leader TTV Dhinakaran.While Chief Justice Indira Banerjee upheld the Speaker's decision, Justice M. Sundar disagreed. The matter will now be heard by a third Judge nominated by Justice Huluvadi G. Ramesh. Till the decision of the third Judge, no floor test will be conducted in the House.The MLAs who had been disqualified were: Thangatamilselvan (Andipatti constituency), R. Murugan (Harur), S. Mariappan Kennedy (Manamadurai), K. Karthirkamu (Periyakulam), C. Jayanthi Padmanabhan (Gudiyattam), P. Palaniappan (Pappireddipatti), V. Senthilbalaji (Aravakurichi), S. Muthiah (Paramakudi), P. Vetrivel (Perambur), N.G. Parthiban (Sholingur), M. Kothandapani (Tiruporur), T.A. Elumalai (Poonnamalee), M. Rengasamy (Thanjavur), R. Thangathurai (Nilakottai), R. Balasubramani (Ambur), Ethirkottai S.G. Subramanian (Sattur), R. Sundaraj (Ottapidaram) and K. Uma Maheswari (Vilathikulam).Factual matrixThe MLAs had been disqualified on 18 September, 2017 by the Speaker, P. Dhanapal exercising his powers under the Tenth Schedule of the Constitution of India and the Tamil Nadu Legislative Assembly (Disqualification on ground of defection) Rules, 1986.The disqualification proceedings emanated from a meeting between the 18 petitioners (apart from one more MLA S.T.K. Jakkaiyan who subsequently joined the ruling camp) and the then Governor (in-charge) C. Vidyasagar Rao on August 22, 2017. During this meeting, the MLAs handed over identical representations to the Governor "withdrawing their support" to the Chief Minister.This meeting, and the subsequent press briefing by the MLAs had prompted the Chief Government Whip S. Rajendiran to petition the Speaker on 24 August, demanding that the 19 MLAs be disqualified as their actions amounted to voluntarily giving up membership of the party.The MLAs, on the other hand, asserted that submission of representations to the Governor does not amount to giving up their membership. The Speaker had, however, disqualified 18 out of the 19 MLAs, exempting Mr. Jakkaiyyan, who had met the Speaker and informed him that he was pressurized into submitting the representation to the Governor.The disqualified MLAs then approached the High Court. Senior Advocates Dr. Abhishek Manu Singhvi and Mr. P.S.Raman appeared on behalf of 12 and 6 writ petitioners respectively. Senior Advocate Aryama Sundaram appeared on behalf of the Speaker and his Secretariat. Senior Advocate Mukul Rohatgi appeared on behalf of the Chief Whip, and Senior Advocate C.S. Vaidyanathan represented Chief Minister Edappadi Palaniswami.It was in November last year that the Petitions were referred to a Division Bench by Justice K. Ravichandrabaabu, in view of the constitutional issues involved in the case. The Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar had thereafter, on 23 January, reserved its order.Justice Banerjee's opinionAt the outset, Justice Banerjee established the fact that the final authority to take a decision on the question of disqualification of a member of the House vests with the Chairman or the Speaker of the House.She then went on to elaborate on the power of the Speaker to decide on an MLA's disqualification, and went on to rule out allegations of bias and malafides. She observed, "In the instant case, where the Speaker, being the repository of power to decide the question of disqualification under the Tenth Schedule, has passed the impugned order after giving the writ petitioners sufficient opportunity, it cannot be said that the order impugned is vitiated by malice in law, malice in fact or mala fides. Be it noted that, in the writ petitions, there is no allegation against the Speaker of harboring any personal enmity against the writ petitioners."On the allegations of violation of principles of natural justice, she noted that the MLAs had been issued notices and that they had filed three interim replies. In view of such opportunities, she opined that they had been given ample opportunities of being heard.Justice Banerjee further asserted that voluntary giving up of membership of a political party need not necessarily mean tendering resignation from the party. She then noted the Governor might have drawn the President's attention to the political scenario of the State and thereby invited President's rule, dislodging the government or alternatively called for a floor test."If the effect of withdrawal of support and calling for initiation of constitutional process meant fall of the Government constituted by the party, that, in my view, would tantamount to implied relinquishment of membership of the party and would attract disqualification under Paragraph 2(1)(a) of the Tenth Schedule," she observed.She then opined that the Speaker's decision did not warrant any interference as the view taken by the Speaker was...

Madras HC Split Verdict On Disqualification Of AIADMK MLAs: Here Are The Reasons Given By The Two Judges

Apoorva Mandhani

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