The Madras High Court on Thursday upheld the disqualification of 18 AIADMK legislators on Thursday, giving the beleaguered Palanisami government some breathing time and space.
The verdict was pronounced by the Supreme Court appointed third judge Justice M Sathyanarayanan who was chosen to break the tie after the earlier two judge bench on June 14 passed a split verdict, with the then Chief Justice Indira Banerjee upholding the decision of the Assembly Speaker P Dhanapal in disqualifying the MLAs under the anti-defection law. The second judge, Justice M Sundar differed and set aside the disqualification order the Speaker on the grounds of non-compliance with principles of natural justice and violation of constitutional mandate.
Later, the senior-most judge of the high court, Justice Huluvadi G Ramesh appointed Justice S Vimala as the third judge to decide the case. Dissatisfied over the choice of judge, one among the disqualified legislators approached the Supreme Court seeking to transfer the disqualification case to itself.
Finally, the vacation bench of the Supreme Court nominated Justice Sathyanarayanan as the third judge.
Meanwhile, Amma Makkal Munetra Kazhagam chief TTV Dinakaran said that the court judgment was not a setback for him and is ready to face the situation. He added that the future course of action will be decided after meeting with the 18 legislators.The 18 MLAs, who owe allegiance to Dinakaran, were disqualified from their membership after they submitted a letter to then Governor C H Vidyasagar Rao, expressing no confidence in CM Palaniswami.The MLAs are to return to Chennai from a party functionary’s resort in Courtallam, on Thursday.
The Madras High Court has reserved orders on their petitions challenging their disqualification by the Tamil Nadu Assembly Speaker P Dhanapal in September last year for alleged anti-party activities.
Tamil Nadu has been witnessing resort politics ever since the demise of former chief minister J Jayalalithaa in December 2016. After the rebellion by O Panneerselvam in February last year, the MLAs owing allegiance to VK Sasikala-led AIADMK faction were moved to Koovathur resort on the outskirts of Chennai. When Panneerselvam merged his faction with chief minister Edappadi K Palaniswami’s group, Sasikala’s nephew, Dhinakaran took 19 MLAs supporting them to Puducherry first and then to Coorg, after submitting a memorandum seeking a change of chief minister.
—India Legal Bureau