Split verdict in MLAS disqualification case a breather for TN government
CHENNAI: In a breather to Tamil Nadu’s AIADMK government led by Chief Minister K Palaniswami, the Madras High Court on Thursday gave a split verdict in the case of disqualification of 18 rebel MLAS.
Chief Justice Indira Banerjee upheld the disqualification ordered by Tamil Nadu Assembly Speaker P Dhanapal while Justice M Sundar held the Speaker’s decision invalid.
Justice Banerjee said in view of the contradicting judgements, the case will now be transferred to a third judge, adding that she will not decide on the third judge and that decision will be taken by a senior judge, most likely Justice Kuluvadi Ramesh.
Maintaining status quo, the court also said till the case is finally decided the interim order issued earlier that barred holding of by-elections and floor test in the Assembly continue to be valid.
Responding to the judgement, rebel leader T T V Dinakaran said: “The longevity of the anti-people government now gets extended by couple of months. It is not at all a setback for us. We got 50 per cent victory.”
Chief Justice Banerjee, in her judgement, said the Speaker’s decision could not be called unreasonable and need not be interfered with by the court, but Justice Sundar said he differed, citing a Supreme Court judgement to say that the High Court can interfere in the order of the Speaker which was not within the confines of law.
Had the judgement gone either way — upholding the disqualification or setting aside the Speaker’s order, the AIADMK government would have faced critical problems.
In case the court had upheld the disqualification, then there would have been by-elections in 18 constituencies. If the DMK won all of them, then the government’s survival would be in question.
On other hand, if the court had quashed the Speaker’s disqualification order, the government may still have to face a no-confidence motion, if moved by the DMK.
The ruling party would also try to win over the 18 legislators now in Dinakaran camp.
As per the party position in 234-member Tamil Nadu assembly, the AIADMK has 116 members followed by the DMK with 89, Congress with 8, one of the IUML, one Independent, the Speaker and 18 vacant seats. Besides, there is one nominated member.