Status quo in TN, floor test put on hold
CHENNAI: No floor test will be carried out in the Tamil Nadu assembly till all petitions challenging the disqualification of 18 legislators from the ruling AIADMK are heard, the Madras high court ruled on Wednesday, extending a stay on a vote that can lead to a decisive outcome in a bitter political feud.
Wednesday’s orders were a mixed result for the two factions in the AIADMK, since the court did not agree to suspend the disqualification of the legislators.
The AIADMK has been embroiled in a succession war since the death of its matriarch J Jayalalithaa in December. On one side are Tamil Nadu chief minister E Palanisami and former CM O Panneerselvam, and on the other are the 18 ousted MLAs led by TTV Dinakaran.
Justice M Duraiswamy ruled that the disqualification will continue and ordered the Election Commission not to hold bypolls for the 18 vacancies notified by the Speaker.
The judge also gave time for Palanisami to consolidate, giving all petitioners — including members from the opposition DMK — to file counters by October 4. All petitions will be heard together on that day.
Eight of the 18 MLAs had moved the court on Monday, challenging the action against them under the anti-defection law.
The dissident MLAs condemned the Speaker’s order as “unauthorised” and “illegal” in their individual petitions.
The 18 rebel MLAs say that their disqualification under anti-defection laws doesn’t stand legal scrutiny as they didn’t join any other party.
The petitioners also sought to restrain the Speaker, government chief whip S Rajendran, chief minister Palaniswami and the assembly secretary from interfering with their rights as elected representatives.
The Monday disqualification was a boost to Palaniswami as it brought the halfway mark in the 234-member assembly down to 108 from 117. The AIADMK government claims the support of 114 MLAs. If the disqualifications are reversed, the chief minister doesn’t have the numbers to command a majority.
The current crisis began last month after Palaniswami and deputy chief minister Panneerselvam removed Dinakaran and his aunt, jailed party ex-secretary VK Sasikala, from all party posts. Dinakaran struck back, claiming the support of 18 MLAs, who expressed their lack of confidence in the CM in a letter to the governor.
The decision was welcomed by Dinakaran and his faction spokespersons, saying that “justice is on our side and we are confident that the final verdict will come in our favour.” CR Sarsawathi, spokesperson for AIADMK (Dinakaran camp) said that the judgment would come in their favour as “our MLAs did nothing wrong. They have only told the governor that they did not have faith in the chief minister.”
DMK spokesperson A Sarvanan “it is a consent order, which stays floor test and imposes partial stay on disqualification of 18 MLAs.” In fact, the DMK wanted to prevent the government from taking the disqualification route to convert minority into majority. “We want the government to go for fresh elections,” Sarvanan said.
A visibly confident Dinakaran told media that “traitors will lose and be sent packing home.”
THE HIGH COURT ALSO ORDERED THE ELECTION COMMISSION NOT TO HOLD BYPOLLS FOR THE 18 SEATS WHERE MLAs WERE DISQUALIFIED