Madras HC uphelds TN Assembly Speaker's decision to accept resignation of six Rebel AIADMK MLAs

Chennau, Oct 13 (UNI) In what could be seen as a setback for the opposition AIADMK which was already beset with a series of defections, the Madras High Court on Tuesday upheld the Tamil Nadu Assembly Speaker JCD.Prabhakar's decision accepting the resignation of six AIADMK Rebel MLAs, who had quit the party joined the ruling TVK of Chief Minister Vijay.

Passing orders on a plea filed by AIADMK Whip S.S.Krishnamurthy and Desiya Makkal Katchi leader M.L.Ravi challenging the Speaker's action in accepting their resignation, the First Bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan also directed the Speaker to decide on the disqualification proceedings in respect of four Rebel MLAs in two months. In his plea, the AIADMK Whip questioned the Speaker's decision accepting their resignation while disqualification proceedings were pending against them.

The Court had on September 1 reserved orders in the case after hearing arguments from all parties concerned. The Bench was supposed to deliver its verdict on October 9, but was deferred to today. Soon after the election results are announced 25 Rebels violated the Party Whip and supported the confidence vote moved by Chief Minister Vijay in the Assembly following which the AIADMK petitioned the Speaker to initiate disqualification proceedings against all of them under the Anti-defection law.

Later, four of the 25 MLAs elected from Ms.K.Maragatham Kumaravel (Madurantakam), P.Sathyabama (Dharapuram), Esakki Subbiah (Ambasamudram) and S.Jayakumar (Perundurai), resigned their posts and also from the AIADMK and joined the TVK, in a bid to preempt any action under the anti-defection law. After the AIADMK condoned the remaining 21 MLAs who expressed regret for their action and tendered an apology, the AIADMK again petitioned the Speaker seeking to drop disqualification proceedings against them and initiate action against the four others. Having escaped disqualification proceedings, two more MLAs from Karur and Viralimalai also resigned as MLAs, and joined the TVK and the Speaker had accepted all their resignations.

The seats were notified as vacant and the Legislative Assembly Secretariat communicated it to the Election Commission, for holding bypolls. With the quitting of six members, the AIADMK's strength in the House came down from 47 to 41. The AIADMK which had filed the present petition against the Speaker's decision to accept the resignation of four MLAs, also added the other two in the plea.

The Court in its order today upheld the Speaker's action, while directing him to decide on the disqualification proceedings pending in respect of four others While bypolls were held to two seats, Madurantakam and Dharapuram on October six and resigned members got re-elected on TVK ticket, the Court, citing pendency of poll pleas, has barred the Election Commission from holding bypolls for five--seats Trichy East (represented by Vijay, who had resigned from one of the two seats he won), Karur, Ambasamudram, Viralimalai and Perundurai seats, though seven seats, including Madurantakam, and Dharapuram also fell vacant. The poll body on its part too informed the Court that it would not issue notification for the bypolls to five seats till the poll petitions are disposed off.

The High Court had since reserved its orders in the case after completion of arguments. During the final arguments, the Speaker submitted that resignations has to be accepted as per the democratic norms and that he could not insist them to continue in the post. While reserving its orders on September one in the case challenging the Speaker's decision, the High Court also refused to entertain a fresh plea by Isakki Subbaya seeking to withdraw his resignation and continue as the MLA till the poll pleas are disposed of. He said he had written to the Speaker seeking permission to continue as MLA until the final verdict in the by-election case.

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