Split verdict in MLAs' disqualification gives life to minority govt in TN

A split verdict delivered by the Madras High Court on Thursday in the case relating to disqualification of 18 AIADMK dissident MLAs has given an extended life support to the minority government headed by Chief Minister Edappadi K Palaniswami.

While Chief Justice Indira Banerjee upheld Speaker P Dhanapal's order disqualifying the 18 ruling party legislators, her companion judge Justice M Sundar disagreed with her and quashed the Speaker's order. The case would now be referred to a third judge. Thus the people of 18 Assembly constituencies, who do not have a MLA since September last year, will have to wait longer to get their local needs fulfilled.

In August last, 19 MLAs owing allegiance to TTV Dhinakaran, the nephew of VK Sasikala, the jailed aide of Jayalalithaa, had met the Tamil Nadu Governor and submitted identical letters withdrawing support to Chief Minister Edappadi K Palaniswami. However, they insisted that they had “not voluntarily given up membership of the AIADMK party”. They said that they wanted the Chief Minister to be changed as he had joined hands with rebel leader O Panneerselvam.

Acting on a complaint from the Government Chief Whip, the Speaker two months later disqualified 18 of these MLAs.

Chief Justice Banerjee said held that, “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.”

Disagreeing with her Justice Sundar delivered a separate dissenting order. The judge said there is no case law which deals with a situation where the Speaker is called upon to decide a defection issue under paragraph 2(1)(a) of Tenth Schedule when the question as to which of the factions is the 'political party' on which the MLAs concerned were elected was before the ECI.