HC refuses to stay disqualification of MLAs, extends stay on floor test

Refusing to stay the disqualification of 18 AIADMK rebel MLAs, supporting ousted TTV Dhinakaran, the Madras High Court on Wednesday extended its earlier order not to conduct floor test in the Tamil Nadu Assembly till further directions.
 
The court's interim order came after hearing a batch of petitions challenging the disqualification of 18 dissident legislators by Tamil Nadu Speaker P Dhanapal under anti-defection rule for withdrawing support to the chief minister Edappadi K Palaniswami and a writ plea filed by DMK working president M K Stalin seeking to conduct floor test in the House with immediate effect.
 
When the petitions came before him, Justice  M Duraiswami also stayed the issuance of Election notification for the 18 constituencies declared vacant and asked the poll panel not to conduct by-polls in those segments till further orders.
 
During the proceedings, advocate Dushyant Dave, appearing for the disqualified MLAs, argued that Speaker's action against the legislators was not done as per the law.
 
Claiming that the anti-defection rule will not be applicable in this case since the MLAs did not vote against the party or joined some other political outfit, Dave said the legislators gave only the letter expressing lack of confidence in the chief minister.
 
Dave also said the speaker did not take into consideration of Supreme Court ruling in the BS Yeddyurappa case. He also alleged that  "persons there in Delhi are deciding the affairs of Tamil Nadu.
 
Countering Dave's argument, senior counsel Ariyama Sundaram representing Assembly Speaker P Dhanapal said the Centre should not be brought into this case and it is irrelevant to the issue.
 
Advocate Sundaram said the rebel MLAs were involved in leveling series of allegations against the government, which could be produced through video clippings.

The Speaker's counsel also asked more time to submit reports on behalf of the government in connection with the case.
 
After hearing the arguments and with the consent of the parties, the Judge asked Assembly secretary K Boopathy, the chief minister and Government Whip to file their counters and adjourned the case to October four for the final hearing.
 
On September 18,  Speaker had disqualified 18 MLAs under the anti-defection law and a  gazette notification was issued later in the day stating that  the MLAs had "incurred disqualification" under Article 191(2)  of the Constitution read with Clause (a) sub-paragraph (1) of  paragraph (2) of the Tenth Schedule and that they ceased to be members of the Legislative Assembly with immediate effect.