Madras High Court verdict updates: No floor test, bypolls till third judge decides on disqualification of TTV's MLAs

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Madras High Court verdict updates: No floor test, bypolls till third judge decides on disqualification of TTV's MLAs
  • 14:34 (IST)

    HC delivers split verdict on disqualification of 18 AIADMK MLAs
     
    In a relief to the Palaniswami government, the Madras High Court delivered a split verdict on the petitions challenging disqualification of 18 AIADMK legislators loyal to sidelined leader TTV Dhinakaran.
     
    In the keenly-awaited judgment, Chief Justice Indira Banerjee upheld the 18 September order of Tamil Nadu Assembly Speaker P Dhanapal disqualifying the MLAs, while Justice M Sundar disagreed with her and struck it down.
     
    The senior-most judge after her will decide the third judge who would hear the matter afresh, Justice Banerjee said. The split verdict has come as a big relief to the AIADMK government headed by Palaniswami as any possible threat to its stability has been averted for now.
     
    PTI

  • 14:24 (IST)

    There is a question mark on judiciary after this decision, says Dhinakaran

    Speaking to reporters, TTV Dhinakaran called it a fight for ideology. He said, "In Thursday's verdict, one judge has said the Speaker's decision was wrong. The chief justice (Indira Banerjee) who has upheld the Speaker's order had struck down Puducherry Speaker's decision. How can the law be different for Tamil Nadu and Puducherry?"

  • 14:13 (IST)

    Judges split over disqualification; Dhinakaran says verdict will only give 'some more life' to Palaniswamy govt


    "Actually the verdict gives some more life to the existing anti people's government," TTV Dhinakaran said speaking to reporters after the Madras High Court gave a split verdict. He said that the loyal MLAs were chosen by "Amma" Jayalalithaa and her people. "They have undergone severe trauma over the last few months," he said.

  • 14:00 (IST)

    Madras HC Chief Justice found no scope for interference with Speaker's decision.

    While Chief Justice Indira Banerjee found no scope of interference with Speaker Dhanpal's order, Justice M Sundar found that his decision is liable to be set aside. 

  • 13:58 (IST)

    No fresh polls in 18 constituencies till third judge makes the decision

    Justice Huluvadi G Ramesh will nominate the third judge for the matter. No floor test or fresh polls will be held till this the final verdict is given.

  • 13:53 (IST)

    Split verdict on MLAs' disqualification

    Since the Chief Justice of Madras High Court Indira Banerjee and Justice Sundar gave a split verdict, the case may be referred to a third judge. 

  • 13:48 (IST)

    Madras HC upholds disqualification of 18 MLAs from TTV Dhinakaran camp

    The Chief Justice of Madras High Court upheld Tamil Nadu Speaker’s 18 September 2017 order disqualifying 18 AIADMK MLAs, owing allegiance to sidelined leader TTV Dhinakaran, on the ground of defection. Justice Sundar disagrees.

  • 13:43 (IST)

    TTV Dhinakaran has total 22 loyalists in Tamil Nadu Assembly

    According to India Today, there are four rebel AIADMK MLAs apart from the 18 legislators facing disqualification who are TTV Dhinakaran supporters. These numbers could pose threat to Palaniswami. The DMK has 89 MLAs, allies Congress have 8 and the IUML has one in the 234 member strong House.

  • 13:30 (IST)

    Judges are reading out verdict in the disqualification case, reports CNN-News18

  • 13:30 (IST)

    Judges are reading out verdict in the disqualification case, reports CNN-News18

  • 13:28 (IST)

    Palaniswamy has only 114 loyal AIADMK MLAs in the Tamil Nadu Assembly

    The current AIADMK government has only 114 MLAs (including the Speaker) loyal to it. If the 18 MLAs are disqualified, the Palaniswami government will have the majority. Eighteen constituencies will go to polls, which will prove to be the real test for not just the AIADMK but also the DMK that has 98 seats with its allies. 

    If the 18 MLAs loyal to TTV Dhinakaran win the case, a floor test will be conducted. But the state government will not be able to prove its majority as it will get just 113 votes, four short of majority (117 is the magic number). However, in case of a split verdict, the case will be heard again.

  • 13:02 (IST)

    Ahead of HC verdict, Palaniswami meets advocate general and chief secretary

    According to CNN-News18, Chief Minister E Palaniswami had a meeting with advocate general and the chief secretary of Tamil Nadu.

    The Tamil Nadu Assembly has taken a 10-day break and will reconvene on 25 June. If at all the case is quashed by the Madras High Court, the state government will have to prove its majority. Hence, experts think this could be a tactic to ensure they get more time to get ready for the floor test.

  • 12:28 (IST)

    Won't approach Supreme Court if HC upholds disqualification: TTV loyalist

    Should the Madras High Court uphold the disqualification of the 18 MLAs from TTV Dhinakaran camp, he won't move the Supreme Court, Thanga Tamilselvan, a key legislator supporting Sasikala's nephew TTV Dhinakaran told The Economic Times. He said it was his individual decision to not litigate further in this case. 

  • 12:13 (IST)

    If HC quashes Speaker's order disqualifying MLAs from TTV camp, it could pose problem for EPS govt

    The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, which had on 23 January reserved its orders on the petitions by the 18 MLAs challenging their disqualification by the assembly speaker under the anti-defection law, was likely to give the judgement in the afternoon, court sources said.

    If the court quashes the speaker's order disqualifying the 18 MLAs, it could pose some trouble to the Palaniswami government, though the ruling AIADMK is confident that its government would not face any immediate threat to its survival.

  • 11:52 (IST)

    Madras HC verdict today may open fresh round of political squabbles in Tamil Nadu

    The Madras High Court will most likely deliver its verdict on petitions challenging the disqualification of 18 AIADMK MLAs owing allegiance to sidelined party leader TTV Dhinakaran. The verdict may open up a fresh round of political squabbles and legal battles and could have a bearing on the stability of the AIADMK government led by Chief Minister K Palaniswami, who had assumed office in February 2017 with the backing of Dhinakaran but later turned against him.

TTV Dhinakaran verdict LATEST updates: The Chief Justice of Madras High Court upheld Tamil Nadu Speaker’s 18 September 2017 order disqualifying 18 AIADMK MLAs owing allegiance to sidelined leader TTV Dhinakaran, on the ground of defection, while Justice Sundar disagreed. The case will now be referred to a third judge.

The Madras High Court is expected to deliver its verdict on petitions challenging the disqualification of 18 AIADMK MLAs owing allegiance to sidelined party leader TTV Dhinakaran shortly. Meanwhile, Chief Minister E Palaniswamy met the chief secretary and the advocate general ahead of the judgment.

Should the Madras High Court uphold the disqualification of the 18 MLAs from TTV Dhinakaran camp, he won't move the Supreme Court, Thanga Tamilselvan, a key legislator supporting Sasikala's nephew TTV Dhinakaran said. He said it was his individual decision to not litigate further in this case.

The verdict may open up a fresh round of political squabbles and legal battles and could have a bearing on the stability of the AIADMK government led by Chief Minister K Palaniswami, who had assumed office in February 2017 with the backing of Dhinakaran but later turned against him.

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, which had on 23 January reserved its orders on the petitions by the 18 MLAs challenging their disqualification by the assembly speaker under the anti-defection law, was likely to give the judgement in the afternoon, court sources said.

If the court quashes the speaker's order disqualifying the 18 MLAs, it could pose some trouble to the Palaniswami government, though the ruling AIADMK is confident that its government would not face any immediate threat to its survival.

File image of AIADMK leader TTV Dhinakaran. PTI

File image of AIADMK leader TTV Dhinakaran. PTI

They point out that in the event of a confidence vote, the 18 MLAs would be bound by the whip and cannot afford to vote against the government. Besides, the option of filing an appeal is also open to both the sides.

Opposition DMK has been claiming that with the disqualification of the MLAs, the Palaniswami government had been reduced to a minority.

The ruling AIADMK has a strength of 116 MLAs exluding the Speaker but including S Karunaas (Mukkulathor Pulipadai), M
Thamimun Ansari (Manithaneya Jananayaga Katchi) and U Thaniyarasu (Tamil Nadu Kongu Ilaignar Peravai), who had won
on the ruling party's two leaves symbol in 2016 polls.

While 18 MLAs owing allegiance to Dhinakaran were disqualified, the DMK has 89 MLAs, its allies Congress 8 and the IUML one in the 234-member House. Dhinakaran was elected from RK Nagar last year and he is the lone Independent member of the House.

A court ruling adverse to the government would intensify the power struggle between Dhinakaran, now chief of Amma Makkal Munnetra Kazhagam, and the ruling party led by top leaders O Panneerselvam. Dhinakaran, the nephew of deposed party leader VK Sasikala, had been claiming that the Palaniswami government would not last long.

The MLAs were disqualified after they had called on Tamil Nadu governor expressing a lack of confidence in Palaniswami's leadership and seeking a change of guard.

The MLAs had met the governor on 22 August, 2017, a day after then rival factions led by Palaniswami and his now deputy Panneerselvam merged their factions after deposing Dhinaknaran as the deputy general secretary. During the hearing of the petitions which commenced on 16 November, senior counsels for the respondents including the Speaker, the chief whip, and the chief minister defended the disqualification of the MLAs.

The crux of their argument was that the MLAs had approached the governor with the intention to topple the government headed by Palaniswami and thereby attracted disqualification under the anti-defection law.

Senior counsels Abhishek Singhvi and PS Raman who had appeared for the petitioners among others argued that the disqualification of the 18 MLAs was a premeditated ambush.

The Speaker had passed the order based on irrelevant considerations, ignoring relevant considerations which was malice in law, Singhvi had contended.

With Karunaas attending a recent "mock Assembly" held by DMK, it is not clear if he continues to back the ruling party. Thaniyarasu and Ansari seem to be sailing with the government.

Bringing relief to the ruling dispensation, in April, the Madras High Court had dismissed a petition by DMK seeking disqualification of Panneerselvam and 10 other AIADMK MLAs for having voted against the Palaniswami government last year when they were in the rebel camp.


Updated Date: Jun 14, 2018 14:52 PM

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