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18 Disqualified MLAs to Move SC Against Madras HC Verdict

The MLAs were disqualified by the Speaker under the Anti-Defection Act in September 2017.

The Quint
Politics
Updated:
Tamil Nadu Chief Minister E Palaniswami and AIADMK leader TTV Dhinakaran.
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Tamil Nadu Chief Minister E Palaniswami and AIADMK leader TTV Dhinakaran.
(Photo: Muhammad Usaid/The Quint)

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Justice M Sathyanarayanan of the Madras High Court on Thursday, 25 October, upheld the Tamil Nadu speaker’s decision to disqualify the 18 AIADMK MLAs. They were disqualified in September 2017, under the anti-defection law.

The 18 AIADMK MLAs, who were disqualified on 18 September 2017 under the anti-defection law after they met the Governor and expressed loss of confidence in Chief Minister K Palaniswami, will now knock the doors of the Supreme Court after the Madras High Court uphheld their disqualification on Thursday, 25 October.

  • The strength of the Tamil Nadu Assembly is 234 members
  • The AIDMK government has a wafer-thin majority of 116 out of 234 MLAs
  • The DMK and its allies have 97 MLAs, one short of the Thiruvarur constituency that fell vacant after former CM M Karunanidhi’s death in August this year
  • The disqualified MLAs are loyal to TTV Dhinakaran, who has now formed his own party - the AMMK
  • The 18 AIADMK MLAs will be appealing against the Madras HC verdict which had upheld their disqualification

18 Disqualified MLAs to Move SC against Madras HC Verdict

A day after the Madras High Court upheld their disqualification, the 18 MLAs who were disqualified on Thursday, 25 October, will move the Supreme Court against the HC verdict, said Thanga Tamilselvan, one of the disqualified MLAs.

Bypolls Need to be Held in Six Months: Chief Election Commissioner

Chief Election Commissioner, OP Rawat, speaking to ANI, said “since disqualifications will create vacancies and whenever there are vacancies, we're required to hold elections (bypolls) to those vacancies within 6 months, so the Commission will see it from that angle.”

Democracy Must be Safeguarded: MK Stalin

DMK Chief MK Stalin reacted to the Madras HC verdict by stating that “democracy must be safeguarded.”

“Already two assembly constituencies are vacant, now with Madras HC verdict, 18 seats have fallen vacant. Therefore, EC should take steps immediately to fill them,” Stalin said.

TN CM Palaniswami Welcomes HC Verdict

Tamil Nadu Chief Minister E Palaniswami welcomed the Madras HC verdict, adding that the ‘Amma’s government’ will emerge stronger after the bypolls.

I welcome the HC verdict. Even if bypolls are announced for the 18 assembly seats, Amma’s government will win all of them, rest of the things the EC has to decide.
E Palaniswami, Tamil Nadu CM

Victory for Truth: TN Deputy Speaker

Tamil Nadu Deputy Speaker Pollachi V Jayaraman said that the verdict was a “victory for dharma and a slap in the face of traitors.”

He asserted that even if the verdict was appealed, “truth will win.”

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18 MLAs to Be Consulted Regarding Next Course of Action: TTV Dhinakaran

Speaking to ANI after the verdict, TTV Dhinakaran – who the 18 disqualified MLAs are supporting, said that they will be consulted before deciding the next course of action.

It is not a setback for us. This is an experience, we will face the situation. Future course of action will be decided after meeting with the 18 MLAs.
TTV Dhinakaran

Madras HC Upholds Disqualification of 18 AIADMK MLAs

Justice M Sathyanarayanan of the Madras High Court upheld the Tamil Nadu speaker’s decision to disqualify the 18 AIADMK MLAs.

"All the material that were availble at the time of passing of the order by the Speaker alone have been taken into consideration and this court cannot go into the subsequent events," he observed while upholding their disqualification.

Security Tightened Outside Court Room

Security has been tightened outside court hall number 6 of Madras High Court from where Justice M Sathyanarayanan would be delivering the verdict in the 18 MLAs disqualification case, reported News18.

SC Refuses Transfer of Case, Appoints Third Judge

The Supreme Court on 27 June, refused to transfer the case of the disqualification of 18 Tamil Nadu MLAs from Madras High Court to Supreme Court.

The apex court, instead assigned a new judge Justice M Sathyanarayanan in the case, in Madras High Court.

Madras HC Delivers Split Verdict in AIADMK MLAs' Disqualification Case, Matter to be Referred to Third Judge

The Madras High Court on 14 June, delivered a split verdict on the petitions challenging the disqualification of 18 AIADMK MLAs loyal to sidelined leader TTV Dhinakaran.

While High Court Chief Justice Indira Banerjee upheld the Speaker's order disqualifying the MLAs, Justice M Sundar struck it down on the ground on that it violates the principles of natural justice and therefore should be subjected to judicial review.

According to The News Minute, the matter will now be referred to a third judge, who will be selected by the second-most senior judge in the court, namely Justice Huluvadi G Ramesh.

This process will take at least two more months. The third judge, after he/she is appointed, will again take cognisance of arguments from both sides, and then deliver the final verdict.

The verdict on Thursday also means that there will neither be bypolls in the 18 seats nor will a floor test be held till the matter is decided by the court.

Madras HC To Pronounce Verdict at 10.30 am

The Madras High Court will pronounce the verdict at 10.30 am.

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Published: 25 Oct 2018,08:45 AM IST

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