Chennai: The High Court has set a deadline for the Speaker to take action on the disqualification petitions against AIADMK MLAs within two months.
During the confidence vote, alleging that they had voted in support of the TVK government in the Legislative Assembly in violation of the AIADMK whip’s order, AIADMK General Secretary Palaniswami submitted a letter to the Speaker seeking disqualification action under the anti-defection law against six people who had served as AIADMK MLAs: Maragatham Kumaravel, Sathiyabama, Jayakumar, Isakki Subbiah, M.R. Vijayabaskar, and C. Vijayabaskar.
AIADMK whip Agri Krishnamurthy and National People's Power Party leader M.L. Ravi had filed cases in the High Court seeking a declaration that the Speaker's order accepting the resignation letters of six members while the matter was pending was illegal.
The bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arulmurugan, which heard these cases, stated in the order issued yesterday: It would not be illegal for the Speaker to accept the resignation letters of the six and issue an order. Resigning is their personal right. Rather, the Speaker can only examine whether the concerned MLA resigned of his own free will.
Since the petition seeking disqualification is still pending, it cannot be said that the Speaker accepting the resignation is illegal. Resignation and disqualification are separate actions. Therefore, accepting the resignation letters of all 6 people is constitutionally valid.
AIADMK has pardoned Karur M.R. Vijayabhaskar and Viralimalai C. Vijayabhaskar. Only after that did they join TVK.
We are dismissing the cases filed seeking their disqualification, since there is no disqualification proceeding pending against either of them. At the same time, as the petition seeking the disqualification of Maragatham Kumaravel, Sathyabama, Jayakumar, and Isakki Subbiah is pending, the Speaker must complete action against them within two months. The acceptance of the resignations of the four by the Speaker will not render the disqualification proceedings against them invalid.
If the four concerned parties act with the intention of delaying this hearing conducted under the anti-defection law, the Speaker should not allow it. Likewise, if the Speaker does not decide on the disqualification proceedings against the four within two months, the concerned parties may approach the court again. This was the order issued.
Appeal: AIADMK MP Inbathurai has said that an appeal will be filed in the Supreme Court against this order and that none of the six can escape in this matter.
