AIADMK moves Madras High Court over acceptance of MLAs’ resignations


Daijiworld Media Network - Chennai

Chennai, Jun 15: The All India Anna Dravida Munnetra Kazhagam (AIADMK) has approached the Madras High Court challenging the decision of Tamil Nadu Legislative Assembly Speaker JCD Prabhakar to accept the resignations of four party MLAs who later joined the ruling Tamilaga Vettri Kazhagam (TVK), even as disqualification proceedings against them were pending.

The MLAs — Maragatham Kumaravel (Madurantagam), S. Jayakumar (Perundurai), P. Sathyabama (Dharapuram), and Esakki Subaya (Ambasamudram) — had resigned from their posts and subsequently joined TVK, triggering allegations of political horse-trading.

According to the petitions filed, the legislators were earlier facing disqualification proceedings for allegedly violating the party whip during the confidence motion vote held on May 13. AIADMK claimed that their resignations were strategically timed to bypass anti-defection action.

Senior counsel S.R. Rajagopal, appearing for AIADMK, mentioned the matter before a division bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, requesting that the case be heard along with a pending PIL filed on the same issue. The court has adjourned the matter to June 17.

The Advocate General informed the court that complaints seeking disqualification of 25 MLAs had already been submitted to the Speaker. Subsequently, AIADMK general secretary Edappadi K. Palaniswami filed condonation applications before the Speaker for 21 MLAs, which were accepted.

AIADMK whip Agri S.S. Krishnamurthi alleged that 25 party MLAs had voted in favour of the government during the May 13 confidence motion in violation of party discipline. The party had moved for their disqualification on May 14.

The petition further stated that on May 25, the three MLAs resigned and joined TVK on the same day, followed by Esakki Subaya on May 26, after which their resignations were accepted and gazette notifications were issued declaring the seats vacant.

AIADMK argued that the Speaker’s actions violated Article 190(3)(b) of the Constitution and undermined the Tenth Schedule dealing with anti-defection laws. The party claimed the resignations were used as a legal route to escape disqualification proceedings.

It further alleged that the swift acceptance of resignations, along with subsequent political developments, indicated bias and misuse of constitutional authority. The party has sought a stay on further proceedings, directions to the Election Commission to halt by-elections, and quashing of the Speaker’s decision.

 

  

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Title: AIADMK moves Madras High Court over acceptance of MLAs’ resignations



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