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Madras HC verdict on AIADMK MLAs LATEST updates: The Madras High Court on Thursday upheld the Speaker's decision to disqualify the 18 rebel AIADMK MLAs.
TTV Dhinakaran told the media that he was expecting a favourable decision but now the final decision will be taken after consultations with the 18 MLAs and the future course of action will be decided soon. Meanwhile, the AIADMK official handle tweeted that the Madras HC verdict has taught the correct lesson to its traitors and that democracy has won.
The rebel ministers, supporting the Sasikala-Dhinakaran faction, were disqualified by P Dhanapal, the Speaker of the House, under the 10th Schedule of the Constitution (known as the anti-defection law) after they expressed lack of confidence in chief minister E Palaniswami. The ministers later moved a petition in the High Court challenging the Speaker’s decision following which the court restrained the Election Commission from declaring their seats vacant.
File image of Tamil Nadu Chief Minister Edappadi k Palaniswamy. PTI
Justice M Sathyanarayanan is set to deliver the verdict at 10.30am on Thursday. The case was listed for judgment late on Wednesday night. Justice Sathyanarayanan was named the third judge by the Supreme Court, after the then first bench of Justice Indira Banerjee and Justice M Sundar had delivered a split verdict on 14 June. He had reserved his orders on 31 August, after 12 days of a meticulous hearing.
The verdict is being watched closely in political circles in the state since it has the potential to decide the future course of Tamil Nadu politics. If the verdict upholds the disqualification, by-elections will be held on all the seats that would be vacant and it would be a litmus test for the AIADMK government, whose popularity has been on the decline since the demise of its former leader J Jayalalithaa, as evidenced by the result of the RK Nagar bypoll in 2017. However, if the Speaker’s decision to disqualify the MLAs is reversed, the EPS government would plunge into a minority and it would have to face a floor test in the Assembly.
In fact, recently four more MLAs who contested on the AIADMK ticket have also pledged their support to TTV Dhinakaran. One of them, Karunas, had sent a notice to the secretary of the Tamil Nadu State Legislative Assembly, seeking the removal of Speaker P Dhanapal. Meanwhile, AMMK chief Dhinakaran has instructed all but one of the 18 disqualified MLAs in his camp to move to a resort near the Tirunelveli district.
According to a News18 report, all the rebel MLAs barring P Vetrivel are likely to remain holed up at a resort in Courtallam until the verdict comes out. The decision to shift the disqualified legislators came just hours after Dhinakaran met Sasikala at Bengaluru prison amid reports that the E Palanisami and O Panneerselvam government is trying to poach the MLAs loyal to Dhinakaran.
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Updated Date: Oct 25, 2018 13:25:32 IST
Highlights
'Democracy must be safeguarded, elections should be held soon', says MK Stalin
Reacting to the HC verdict, DMK chief MK Stalin said, "Democracy must be safeguarded. Already two assembly constituencies are vacant, now with Madras HC verdict, 18 seats have fallen vacant. Therefore, the Election Commission should take steps immediately to fill them."
13 MLAs present at the resort, more expected to reach soon
There are now 13 MLAs present at the Esakki High View Resort owned by AIADMK MLA Esakki Subbaiah. The rest are expected to arrive soon, including dismissed Vilathikulam MLA Uma Maheswari who is on her way. Further 3 serving MLAs who have expressed their support for TTV have also arrived at the resort, taking the total to 16.
Input by Mydeen Abdul Kadar/101Reporters
We will contest in all 18 constituencies and win, says EPS
We will contest in all 18 constituencies and we will win. We are ready to face general elections also as we are the third largest party in the Parliament but this verdict does not have a bearing on the general elections, chief minister E Palaniswami said.
AIADMK spokesperson says EPS govt has proved 'stability', party will emerge victorious in elections
AIADMK spokesperson P Valarmathi expressed joy over the verdict and said the Palaniswami government has now proved its "stability". "We are very happy...this is a just order," Valarmathi told PTI.
When asked about the disqualified MLAs' plea to hold by-elections in their constituencies, she said the party was ready and expressed confidence that the ruling party will emerge victorious in all the 20 seats.
'No infirmity in Speaker's decision' observes the third judge Justice Sathyanarayanan
While delivering the verdict, Justice Sathyanarayanan said that there was no infirmity in the order of the Speaker P Dhanapal, which was upheld earlier. "All the material that was available at the time of the 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, The Indian Express reported.
If the 18 MLAs decide to go to the Supreme Court, we will go: TTV Dhinakaran
"If the 18 MLAs decide to go to the Supreme Court, we will go; or else we will wait for the by polls. But whenever elections happen, we will win," TTV Dhinakaran told the media after the Madras HC verdict which upheld the disqualification of the 18 AIADMK MLAs.
TTV Dhinakaran says 'we are ready for both a higher appeal and elections', 18 MLAs to take the final decision
TTV Dhinakaran told the media that he was expecting a favourable decision but now the final decision will be taken after consultations with the 18 MLAs and the future course of action will be decided soon.
"The decision of the 18 MLAs will stand valid whether they want a higher appeal in the Supreme Court or if they want to participate in the upcoming elections. We are ready for everything," he told reporters outside the court.
Madras HC upholds disqualification of 18 AIADMK MLAs
The Madras High Court on Thursday upheld the Speaker's decision to disqualify the 18 rebel AIADMK MLAs.
TTV Dhinakaran reaches court; verdict expected soon
There is heavy security deployment outside the court and TTV Dhinakaran has reportedly entered the court premises. The verdict is expected in next 10 minutes.
EPS skips event ahead of Madras HC hearing, meets law minister
Chief minister E Palaniswami has cancelled all his engagements prior to the crucial hearing. He skipped an event on Thursday and met the Law Minister instead, CNN News18 reported.
AIADMK had rubbished TTV Dhinakaran's claims
However, the AIADMK had put aside Dhinakaran's claims and said that the former AIADMK leader was trying to “fish in troubled waters.” AIADMK spokesperson RM Babu Murugavel was quoted as saying by PTI, “Dhinakaran is trying to fish in troubled waters. He and his aides will say anything to stay relevant. He is perhaps doing this to keep his flock together in the context of the case regarding disqualification of 18 AIADMK MLAs.”
Tamil Nadu govt could fall if MLAs supporting TTV Dinakaran vote against E Palaniswami
If the disqualification of the 18 MLAs is set aside, the Assembly strength would go up to 232 and with 116 legislators, the AIADMK would run one short of the simple majority of 117.
MLAs likely to remain holed up in a resort in Courtallam until the verdict comes out
According to several media reports, the rebel MLAs barring P Vetrivel are likely to remain holed up at a resort in Courtallam until the verdict comes out. The decision to shift the disqualified legislators came just hours after TTV Dhinakaran met Sasikala at the Bengaluru prison amid reports that the E Palanisami and O Panneerselvam government is trying to poach the MLAs loyal to Dhinakaran.
However, K Vetrivel - one of the disqualified legislators told NDTV, "Our members took a holy dip in River Thamarabarani as part of the Puskaram. That's why they are staying together in the resort."
More AIADMK MLAs pledge support to TTV Dinakaran
Four more MLAs who contested for the AIADMK have also pledged their support to TTV Dhinakaran. One of them, Karunas, had sent a notice to the secretary of the Tamil Nadu State Legislative Assembly, seeking the removal of Speaker P Dhanapal, News18 reported.
By-polls to be held if disqualification verdict is upheld; EPS govt will face a floor test otherwise
If the verdict upholds the disqualification, by-elections will be held on all the seats that would be vacant and it would a big test for the AIADMK government, whose popularity has been on the decline since the demise of J Jayalalithaa, as seen from the outcome of the RK Nagar bypoll in 2017.
However, if the Speaker’s decision to disqualify the MLAs is reversed, the EPS government would plunge into a minority and it would have to face a floor test.
MLAs moved court against being disqualified under anti-defection law; had expressed no-confidence in Palaniswami
18 AIADMK MLAs were disqualified for “anti-party activities” in 2017 for supporting the Sasikala-Dhinakaran faction by P Dhanapal, the Speaker of the House, under the 10th Schedule of the Constitution (anti-defection law) after they expressed a lack of confidence in chief minister E Palaniswami.
The MLAs later moved a petition in the HC challenging the Speaker’s decision following which the court restrained the Election Commission from declaring their seats vacant.
Fate of 18 MLAs to be decided in Madras Hight Court at 10.30 am today
The fate of the 18 MLAs who faced disqualification for their dissent against Tamil Nadu chief minister E Palaniswami depends on the verdict of Justice M Sathyanarayanan of the Madras High Court who is going to deliver the verdict at 10.30 am on Thursday.
12:55 (IST)
'Democracy must be safeguarded, elections should be held soon', says MK Stalin
Reacting to the HC verdict, DMK chief MK Stalin said, "Democracy must be safeguarded. Already two assembly constituencies are vacant, now with Madras HC verdict, 18 seats have fallen vacant. Therefore, the Election Commission should take steps immediately to fill them."
12:51 (IST)
AIADMK workers celebrate across the state
Celebrations by AIADMK cadre have broken out in various parts of Chennai and the rest of the state. Many areas witnessed the cadre bursting firecrackers and distributing sweets among the general public. Celebrations also erupted near at the Anna statue near Salem old bus stand.
Input by 101Reporters
12:47 (IST)
E Madhusudanan, who lost from TTV Dhinakaran in RK Nagar bypolls, is happy with the HC verdict
E Madhusudanan, the AIADMK candidate who went against TTV Dhinakaran during the RK Nagar bypoll, has said that the verdict has delivered happiness to everyone. He said that was now time to take forward the party created by MGR and protected by Amma.
Madhusudanan had lost the RK Nagar, J Jayalalitha's constituency, by a huge margin to Dhinakaran almost a year ago.
Input by Mydeen Abdul Kadar/101Reporters
12:42 (IST)
AIADMK cadre celebrates with Palaniswami, Panneerselvam
Deputy chief minister O Panneerselvam and Fisheries Minister D Jayakumar distributed sweets outside the AIADMK offices.
Image courtsey: Mydeen Abdul Kadar/101Reporters
12:40 (IST)
AIADMK ministers celebrate Madras HC verdict
Senior AIADMK ministers celebrated the HC verdict along with chief minister and the deputy chief minister. Meanwhile, Palaniswami has said that if the Election Commission decides to conduct by-elections in these seats based on the court's verdict, AIADMK will contest and win in all of them.
Image courtesy: K Dhanabalan/101Reporters
12:37 (IST)
MLAs at Kutralam are there to wash their sin off at the Pushkara festival: Union Minister Pon Radhakrishnan
Union Minister Pon Radhakrishnan has said that the court's decision is not particularly surprising. "This verdict should have come much earlier. Still, we hope that everyone will accept the court's decision. The MLAs currently at Kutralam are probably there to wash their sin off at the Pushkara festival," he said.
Input by K Dhanabalan/101Reporters
12:34 (IST)
13 MLAs present at the resort, more expected to reach soon
There are now 13 MLAs present at the Esakki High View Resort owned by AIADMK MLA Esakki Subbaiah. The rest are expected to arrive soon, including dismissed Vilathikulam MLA Uma Maheswari who is on her way. Further 3 serving MLAs who have expressed their support for TTV have also arrived at the resort, taking the total to 16.
Input by Mydeen Abdul Kadar/101Reporters
12:28 (IST)
We will contest in all 18 constituencies and win, says EPS
We will contest in all 18 constituencies and we will win. We are ready to face general elections also as we are the third largest party in the Parliament but this verdict does not have a bearing on the general elections, chief minister E Palaniswami said.
12:05 (IST)
Justice Sathyanarayanan didn't take into consideration previous judgments: MLAs' lawyer
Advocate Raja Senthoor Pandian, who has been fighting the case on behalf of the 18 disqualified MLAs, has expressed disappointment at the High Court's decision. He said it was believed that Justice Sathyanarayanan would take into consideration the two previous judgments in this case where the verdict was split. The defenders were only asked to only present new arguments. However, today, while delivering the verdict, the judge said that his decision is independent of the previous proceedings. If we had known this earlier, we would have presented our arguments differently, Pandian said.
Pandian also said that there are now three options before them: To challenge the verdict before the Supreme Court; to face by-elections; or face by-elections while moving the SC. "Our legal battle will continue as per the decision of the disqualified MLAs," he said.
Input by K Dhanabalan/101Reporters
12:03 (IST)
In pics: AIADMK supporters celebrate after the Madras High Court verdict
11:52 (IST)
AIADMK spokesperson says EPS govt has proved 'stability', party will emerge victorious in elections
AIADMK spokesperson P Valarmathi expressed joy over the verdict and said the Palaniswami government has now proved its "stability". "We are very happy...this is a just order," Valarmathi told PTI.
When asked about the disqualified MLAs' plea to hold by-elections in their constituencies, she said the party was ready and expressed confidence that the ruling party will emerge victorious in all the 20 seats.
11:42 (IST)
Verdict a 'slap on the face for traitors and cheaters', says deputy speaker Pollachi V Jayaraman
Terming the order as a "slap in the face of traitors and cheaters", Tamil Nadu deputy speaker Pollachi V Jayaraman said that "this is a victory for dharma and and that even if an appeal is filed, we are sure that the truth will only win."
11:32 (IST)
TTV Dhinkaran says this is not a setback for his party
"It is not a setback for us. This is an experience and we will face the situation," he said.
11:30 (IST)
Ministers make a beeline for EPS' house post HC verdict
11:23 (IST)
TTV Dhinakaran expected to meet the 18 MLAs today
The 18 MLAs, who are supporting the TTV-Sasikala faction, are currently holed up in a resort in Kutralam and TTV Dhinakaran is expected to meet them today to decide if they will appeal the decision.
Moreover, elections in these 18 seats might be imminent depending on the outcome. The current strength of the Tamil Nadu Assembly is 216. While the AIADMK has 116 MLAs, including the Speaker and the Opposition has 98 MLAs.
Input by Ayswarya Murti/Team 101 Reporters
11:20 (IST)
'No infirmity in Speaker's decision' observes the third judge Justice Sathyanarayanan
While delivering the verdict, Justice Sathyanarayanan said that there was no infirmity in the order of the Speaker P Dhanapal, which was upheld earlier. "All the material that was available at the time of the 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, The Indian Express reported.
11:07 (IST)
If the 18 MLAs decide to go to the Supreme Court, we will go: TTV Dhinakaran
"If the 18 MLAs decide to go to the Supreme Court, we will go; or else we will wait for the by polls. But whenever elections happen, we will win," TTV Dhinakaran told the media after the Madras HC verdict which upheld the disqualification of the 18 AIADMK MLAs.
10:58 (IST)
AIADMK says it's a 'win for democracy', 'traitors' taught the right lesson
10:50 (IST)
TTV Dhinakaran says 'we are ready for both a higher appeal and elections', 18 MLAs to take the final decision
TTV Dhinakaran told the media that he was expecting a favourable decision but now the final decision will be taken after consultations with the 18 MLAs and the future course of action will be decided soon.
"The decision of the 18 MLAs will stand valid whether they want a higher appeal in the Supreme Court or if they want to participate in the upcoming elections. We are ready for everything," he told reporters outside the court.
10:41 (IST)
Madras HC upholds disqualification of 18 AIADMK MLAs
The Madras High Court on Thursday upheld the Speaker's decision to disqualify the 18 rebel AIADMK MLAs.
10:34 (IST)
TTV Dhinakaran reaches court; verdict expected soon
There is heavy security deployment outside the court and TTV Dhinakaran has reportedly entered the court premises. The verdict is expected in next 10 minutes.
10:29 (IST)
EPS skips event ahead of Madras HC hearing, meets law minister
Chief minister E Palaniswami has cancelled all his engagements prior to the crucial hearing. He skipped an event on Thursday and met the Law Minister instead, CNN News18 reported.
10:26 (IST)
AIADMK had rubbished TTV Dhinakaran's claims
However, the AIADMK had put aside Dhinakaran's claims and said that the former AIADMK leader was trying to “fish in troubled waters.” AIADMK spokesperson RM Babu Murugavel was quoted as saying by PTI, “Dhinakaran is trying to fish in troubled waters. He and his aides will say anything to stay relevant. He is perhaps doing this to keep his flock together in the context of the case regarding disqualification of 18 AIADMK MLAs.”
10:25 (IST)
TTV Dhinakaran had alleged that O Panneerselvam met him to lament about siding with Palaniswami
Earlier in October, TTV Dhinakaran, who was earlier an AIADMK leader, had alleged that deputy chief minister O Panneerselvam had met him in July 2017 and “confessed” that joining hands with chief minister E Palaniswami was wrong, and that he wished to become the chief minister, The Indian Express reported.
According to PTI, OPS wanted to meet again in September to “oust” Palaniswami and Dinakaran claimed that he had evidence to prove that their meeting was held. “He (Panneerselvam) wanted to meet me to oust the chief minister,” Dhinakaran was quoted as saying.
10:10 (IST)
Tamil Nadu sees return of 'resort politics'
Tamil Nadu has been witnessing "resort politics" ever since the death of former chief minister J Jayalalithaa in December 2016. After the rebellion by O Panneerselvam in February 2017, the MLAs owing allegiance to VK Sasikala-led AIADMK faction were moved to a Koovathur resort.
Whereas later when Panneerselvam merged his faction with Palaniswami’s group, Dhinakaran took 19 MLAs supporting him to Puducherry first and then to Coorg, after submitting a memorandum seeking a change of the chief minister, Deccan Chronicle reported.
10:01 (IST)
Tamil Nadu govt could fall if MLAs supporting TTV Dinakaran vote against E Palaniswami
If the disqualification of the 18 MLAs is set aside, the Assembly strength would go up to 232 and with 116 legislators, the AIADMK would run one short of the simple majority of 117.
09:57 (IST)
MLAs likely to remain holed up in a resort in Courtallam until the verdict comes out
According to several media reports, the rebel MLAs barring P Vetrivel are likely to remain holed up at a resort in Courtallam until the verdict comes out. The decision to shift the disqualified legislators came just hours after TTV Dhinakaran met Sasikala at the Bengaluru prison amid reports that the E Palanisami and O Panneerselvam government is trying to poach the MLAs loyal to Dhinakaran.
However, K Vetrivel - one of the disqualified legislators told NDTV, "Our members took a holy dip in River Thamarabarani as part of the Puskaram. That's why they are staying together in the resort."
09:54 (IST)
More AIADMK MLAs pledge support to TTV Dinakaran
Four more MLAs who contested for the AIADMK have also pledged their support to TTV Dhinakaran. One of them, Karunas, had sent a notice to the secretary of the Tamil Nadu State Legislative Assembly, seeking the removal of Speaker P Dhanapal, News18 reported.
09:48 (IST)
By-polls to be held if disqualification verdict is upheld; EPS govt will face a floor test otherwise
If the verdict upholds the disqualification, by-elections will be held on all the seats that would be vacant and it would a big test for the AIADMK government, whose popularity has been on the decline since the demise of J Jayalalithaa, as seen from the outcome of the RK Nagar bypoll in 2017.
However, if the Speaker’s decision to disqualify the MLAs is reversed, the EPS government would plunge into a minority and it would have to face a floor test.
09:45 (IST)
AIADMK has 116 MLAs in the 234 member TN Assembly
In the 234-member Assembly, two seats are vacant, including that of late DMK chief M Karunanidhi with its current strength being 216. While AIADMK has 116 MLAs, including the Speaker, the Opposition has 98 MLAs.
Also, the rival camp has 121 MLAs, which includes Dhinakaran camp’s 23 MLAs including independent MLA Dhinakaran and Karunas, who was an ally of AIADMK and contested for the AIADMK, and others from the DMK-Congress-IUML alliance, according to The Indian Express' report.
09:39 (IST)
MLAs moved court against being disqualified under anti-defection law; had expressed no-confidence in Palaniswami
18 AIADMK MLAs were disqualified for “anti-party activities” in 2017 for supporting the Sasikala-Dhinakaran faction by P Dhanapal, the Speaker of the House, under the 10th Schedule of the Constitution (anti-defection law) after they expressed a lack of confidence in chief minister E Palaniswami.
The MLAs later moved a petition in the HC challenging the Speaker’s decision following which the court restrained the Election Commission from declaring their seats vacant.
09:35 (IST)
Justice Sathyanarayanan chosen as third judge to decide on the case
On 14 June, the first bench of the court had passed a split verdict, with the then chief justice Indira Banerjee upholding the decision of the Assembly Speaker in disqualifying the MLAs under the anti-defection law. The second judge, Justice M Sundar, differed and set aside the disqualification on the grounds of perversity, non-compliance with principles of natural justice, mala fide and violation of constitutional mandate, The Times of India reported.
Subsequently, the senior most judge of the high court, Justice Huluvadi G Ramesh, appointed Justice S Vimala as the third judge to decide the case. But aggrieved over the choice of judge, one among the disqualified legislators approached the Supreme Court, seeking to transfer the disqualification case to itself. Then at last on 27, a vacation bench of the Supreme Court nominated Justice Sathyanarayanan as the third judge to decide on the case.
09:31 (IST)
Fate of 18 MLAs to be decided in Madras Hight Court at 10.30 am today
The fate of the 18 MLAs who faced disqualification for their dissent against Tamil Nadu chief minister E Palaniswami depends on the verdict of Justice M Sathyanarayanan of the Madras High Court who is going to deliver the verdict at 10.30 am on Thursday.