Dissident MLAs: SC to hear plea to restrain TN Speaker

Dissident MLAs: SC to hear plea to restrain TN Speaker

An MLA from AIADMK on Friday approached the Supreme Court to restrain Tamil Nadu Assembly Speaker P Dhanapal from acting on a disqualification notice for anti-party activities issued in his name, in view of his endorsement of T T V Dhinakaran's leadership.

He claimed the Speaker could not have acted in “partisan and biased manner contrary to the high position” because a motion for his own removal moved by DMK on April 30 was pending.

Senior advocate Kapil Sibal, along with advocate Amit Anand Tiwari mentioned the writ petition filed by V T Kalaiselvan, MLA from Vridhachalam Constituency, before a bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta for urgent hearing.

The court put the petition for consideration on Monday, May 6.

The Assembly Speaker had on April 29 issued a notice to three “dissident” AIADMK MLAs E Rathinasabapathy, V T Kalaiselvan, and V T Prabhu for supporting Dhinakaran, who along with V K Sasikala floated their own outfit following the death of J Jayalalithaa on December 5, 2016.

The petitioner contended that the action by the Speaker was taken in an arbitrary manner without jurisdiction and actuated with malice.

The petitioner also contended that with a no-confidence motion pending against the Speaker, he could not adjudicate in a matter of disqualification. 

“It has been held by this court that it would be constitutionally impermissible for the Speaker to adjudicate a dispute of disqualification petition under the Tenth Schedule of the Constitution while a notice of resolution for his own removal from the office of Speaker is pending,” his petition stated.

“Just when the election result of the bypoll to 22 seats are due to be announced on May 23 May, the action taken by Speaker to initiate disqualification proceedings against the petitioner, smacks of biased and partisan attitude,” his plea claimed.