'Don’t induct rebel AIADMK MLAs into Cabinet': VCK leader D Ravikumar urges Tamil Nadu CM Vijay

Chennai: The Viduthalai Chiruthaigal Katchi, which supports the TVK government, on Friday urged Chief Minister C Joseph Vijay not to include MLAs from the AIADMK breakaway faction in his Council of Ministers, stating that such a move would raise serious concerns over political morality and ethical standards.

The VCK, which has two MLAs, extends outside support to the TVK government.

VCK general secretary and Villupuram MP D Ravikumar stated that, in the present case, only Edappadi K Palaniswami, in his capacity as AIADMK General Secretary, has the authority to appoint the party whip.

As many as 25 AIADMK MLAs voted in favour of the TVK government despite an order from Palaniswami to vote against the trust vote moved by Vijay, it is said that the Chief Minister was mulling taking the support of the rebels and induct some of them into his cabinet. However, such a decision would sully Vijay’s image as a few MLAs who want to be ministers have several corruption cases against them.

Both sides have given multiple representations to Speaker J C D Prabhakar seeking to recognize their faction as the AIADMK legislature party in the last few days. “The letters are under my consideration,” the Speaker said on Friday, without committing on a timeline to decide on the issue.  

The rebel faction has sought the disqualification of EPS and 21 MLAs who voted against the TVK government, while Palaniswami has refrained from seeking any action against the rebels. 

Ravikumar said the Supreme Court has unequivocally affirmed this principle in the Subhash Desai vs. State of Maharashtra judgment, wherein it held that political party and not the legislature party appoints the whip and the leader of the party in the House. 

 “Therefore, the whip issued by the AIADMK leadership is binding upon all members elected on the party ticket. Any MLA who defies such a whip is liable to face disqualification proceedings under Paragraph 2 of the Tenth Schedule,” he said.

However, he added that if the Chief Minister seeks to appoint some members of the breakaway AIADMK group as ministers, there is, strictly speaking, no immediate constitutional prohibition against such appointments.

The Supreme Court has clarified: “Article 164(1-B) bars an MLA or a Member of the Legislative Council of a State (where one exists) from being appointed as a Minister if they have been disqualified under Para 2 of the Tenth Schedule. The bar begins to operate only upon the Member of the legislature incurring disqualification,” he said. 

Thus, from a strictly legal standpoint, the appointment of such MLAs as Ministers may be permissible until disqualification is actually incurred. However, legality alone cannot be the sole test in matters affecting constitutional morality and democratic ethics, Ravikumar added. 

“If the Hon’ble Chief Minister nevertheless intends to induct them into the Ministry, the only constitutionally cleaner course would be for those MLAs to resign their seats, join the TVK formally, and seek a fresh mandate from the people through by-elections,” he said. 

Ultimately, the decisive question is political rather than legal, Ravikumar said and sought to know whether people will accept such defections and re-elect those MLAs under a different party banner.