Madras High Court on Thursday delivered a split verdict on a batch of petitions challenging the disqualification of 18 AIADMK MLAs owing allegiance to TTV Dhinakaran.
In what comes as temporary relief to the Edappadi Palaniswami-led AIADMK government, the Madras High Court on Thursday delivered a split verdict on a batch of petitions challenging the disqualification of 18 AIADMK MLAs owing allegiance to TTV Dhinakaran.
While Chief Justice Indira Banerjee upheld last year's September 18 order by Speaker P Dhanapal to disqualify the dissident MLAs, Justice M Sundar stuck down the order.
Now, the senior-most judge after her will decide on the third judge, who will hear the matter afresh, allowing the petitioners to continue the interim stay on floor test until the third judge pronounces the verdict.
Banerjee said that no interference was warranted with the impugned order passed by the Speaker. "In my opinion, the view taken by the Speaker is a possible, if not plausible view, and I am unable to hold that the said decision is in any way unreasonable, irrational or perverse," she said in her order.
Justice Sundar set aside the Speaker's order, as it goes against all four grounds of judicial review — perversity, non-compliance with the principles of natural justice, mala fide and violation of constitutional mandate.
The split verdict has come as a big relief to the Palaniswami government as any possible threat to its stability has been averted for now. The ruling AIADMK has 116 MLAs, excluding the Speaker, in the 234-member assembly — one short of the majority mark. The state government would have collapsed if the disqualification of the 18 MLAs were set aside. Three of the sitting AIADMK MLAs have switched loyalties towards Dhinakaran, bringing down the AIADMK's numbers to 113. The DMK along with its allies Congress and IUML has a total 98 members. Dhinakaran is the lone independent MLA.
Predictably, the ruling AIADMK welcomed the split order and asserted that it would get a favourable order from the third judge as well. "We are hopeful of getting an order validating the Speaker's action," said senior AIADMK leader Natham R Viswanathan.
Reacting to the verdict, Dhinakaran questioned the Madras HC chief justice and accused her of using different yardstick when it comes to Speaker's order in Puducherry and Tamil Nadu Assemblies. "The same chief justice (Indira Banerjee) had ruled against the Puducherry speaker's order not allowing the three nominated BJP MLAs to attend the assembly. However, in the case of Tamil Nadu, she has ruled that the court cannot interfere in the speaker's orders. Is the law different for the two states," Dhinakaran asked.
New Judge To Hear
The Palaniswami govt welcomes the verdict as it averts a possible threat to the stability of its govt till a third judge is appointed to hear the matter afresh.
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