HC freezes by-polls to 18 seats, stays floor test as well
Two days after the Tamil Nadu Assembly Speaker disqualified 18 dissident AIADMK MLAs on grounds of “inferred defection”, the Madras High Court on Wednesday said bye-elections to these constituencies cannot be held until it gives further orders on the issue. The next hearing of the case is scheduled on October 4.
Justice M Duraiswamy, who was hearing petitions from
the affected disqualified legislators challenging the Speaker’s action, refused to stay their disqualification, but he extended the earlier stay on conducting a floor test in the Assembly. The Speaker, Governor or the Chief Minister, “shall not conduct floor test for the trust vote until further orders of this court”, the judge said and adjourned hearing on the case until October 4 to enable senior counsel Aryama Sundaram file a counter affidavit on behalf of the Speaker.
“There shall not be any election notification for conducting election to the 18 Legislative Assembly constituencies pursuant to the impugned order (of the Speaker) dated September 18, 2017, which is the subject matter in the writ petitions, until further orders of this court,” Justice Duraiswamy said.
Speaker P Dhanapal had on Monday disqualified 18 dissident legislators owing allegiance to sidelined leader TTV Dhinakaran (Sasikala’s nephew), as they had submitted letters to Governor Ch Vidyasagar Rao on August 22 withdrawing support to Chief Minister Edappadi K Palaniswami.