Madras HC upholds TN Speaker’s acceptance of resignations of 6 AIADMK MLAs; disqualification

Madras HC upholds TN Speaker's acceptance of resignations of 6 AIADMK MLAs; disqualification

The Madras High Court on Tuesday upheld Tamil Nadu Assembly Speaker JCD Prabhakar’s decision to accept the resignations of six AIADMK MLAs who defected to the Tamilaga Vettri Kazhagam (TVK).

The disqualification petitions were filed over allegations that the six MLAs had voted in support of the Tamilaga Vettri Kazhagam (TVK) government in violation of the party whip. The petitioners alleged that the Speaker had not conducted a meaningful inquiry and also referred to a complaint submitted to the Governor alleging horse-trading. The MLAs who resigned, however, argued that resigning from one party and joining another was part of democratic politics. Maragatham Kumaravel secured victory in Maduranthakam. Both candidates contested under the TVK’s whistle symbol and retained their respective seats by significant margins over their DMK and AIADMK rivals.

Sathyabhama won the Dharapuram by-election with 66,841 votes, while K.

TVK candidate P, according to the Election Commission. Apparently, their acceptance and the consequential declaration of vacancies are constitutionally valid,” the court said. The speaker shall still finally adjudicate and decide the disqualification proceedings, and such determination shall carry the consequences prescribed under the Tenth Schedule of the Constitution,” the bench said. Earlier reporting noted: “In the peculiar circumstances, a time-bound mandamus is being issued directing the speaker to conclude the disqualification proceedings finally within two months,” the court said.

Earlier reporting noted: “The speaker of Tamil Nadu legislative Assembly was not required to undertake a roving or fishing inquiry to the alleged motives behind them. Earlier reporting noted: “The acceptance of resignations does not render the pending disqualification proceedings academic or infructuous.