Chennai:
The Madras High Court is set to pronounce its order on Friday on a crucial plea challenging the Tamil Nadu Assembly Speaker’s decision to accept the resignations of six AIADMK rebel MLAs, even as disqualification petitions against them were pending.
The verdict comes on the same day as the results of the Madurantakam and Dharapuram Assembly bypolls, where two of the six former AIADMK legislators – Maragatham Kumaravel and Sathyabhama – have been fielded by the ruling TVK.
The six legislators – Maragatham Kumaravel, Sathyabhama, Isakki Subbaya, Jayakumar, MR Vijayabaskar and C Vijayabaskar – had faced disqualification proceedings after voting in favour of the TVK government during a trust vote, defying the AIADMK whip.
They resigned as MLAs and soon after switched to the ruling TVK. The Speaker accepted their resignations, saying the resignation letters were in order and that the legislators had voluntarily stepped down.
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AIADMK whip and former minister Agri Krishnamoorthy challenged the Speaker’s decision in the High Court. The petition argues that the Speaker should have first dealt with the pending disqualification petitions and that there was no meaningful inquiry into whether the resignations were genuinely voluntary.
The petitioners also pointed to the fact that the MLAs joined TVK soon after submitting their resignations. Allegations of horse-trading were raised in connection with the defections, with the issue also brought to the attention of the Governor. TVK has denied these.
The Speaker’s side, however, argued that the constitutional requirement is to ascertain whether a resignation is voluntary and genuine. Questions about inducement, political bargaining or the reasons behind the resignation, it argued, fall within the separate disqualification proceedings.
The six former MLAs too maintained that resigning from the Assembly and subsequently joining another political party is permissible. Their lawyers argued that their resignations were genuine and that accepting them does not automatically extinguish the pending disqualification proceedings.
The case has major political implications for the minority TVK government.
TVK emerged as the single largest party in the Assembly and formed the government with support from Congress, VCK and IUML, which subsequently became allies and joined the government. CPI and CPM extended outside support.
By accepting the resignations, the prolonged disqualification process was effectively overtaken by vacancies, allowing the former AIADMK legislators to contest again on TVK tickets. If they win, the minority TVK can increase its strength and move closer to the majority mark.
The timing of the verdict makes tomorrow particularly significant. In Madurantakam and Dharapuram, where Maragatham Kumaravel and Sathyabhama are contesting as TVK candidates, the court’s ruling and the bypoll results could together determine their political status.
AIADMK legal wing secretary and MP Inbadurai has pointed to an unusual possible situation. If the court holds that the Speaker’s acceptance of the resignations was invalid and the former MLAs are held to have continued as legislators, their victory in the bypolls would pose no practical difficulty.
But if they lose and another candidate is declared elected, he argues, there could potentially be two claimants to the same Assembly seat until the legal position is resolved.
If, on the other hand, the court upholds the Speaker’s decision, whoever wins the bypolls would become the new representative of the respective constituencies.
The verdict will therefore be closely watched not only for its constitutional implications but also for its potential impact on the strength of the TVK government.
