The Madras High Court today expressed the opinion that it would be appropriate if a larger bench hears a host of pleas, including those by disqualified Tamil Nadu MLAs, because of the "constitutionality involved" in all the petitions.
Justice K Ravichandra Baabu said it would be appropriate that all these petitions, challenging the privilege notices issued to 21 DMK MLAs, are heard by a larger bench.
The other petitions include those challenging the privilege notices issued to the 21 DMK MLAs, and quo warranto pleas seeking under what authority O Panneerselvam and K Pandiarajan are continuing as deputy chief minister and minister respectively.
The court had on October 12 adjourned both the matters to today.
DMK MLA K Pichandi had filed the petitions, contending that the two had attracted disqualification for having voted against the K Palaniswami-led AIADMK government in February.
The assembly privileges committee, headed by Deputy Speaker Pollachi V Jayaraman, had on August 28 issued notice to Stalin and 20 other DMK MLAs for having brought gutkha packets to the House in July.
The court had last month restrained the committee from passing any order on the matter until further orders.
The court today was hearing a petition by DMK Whip R Sakkrapani seeking a direction to the Assembly Speaker to disqualify Panneerselvam and 10 other MLAs who had on February 18 voted against the confidence vote moved by Chief Minister K Palaniswami in the state assembly.
When it came up, Supreme Court senior counsel C S Vydyanathan, appearing for one of the respondents, brought to the notice of the judge that a petition had already been filed by MLA Semmalai, a Panneerselvam supporter, to transfer all the related cases to Supreme Court and it is pending adjudication.
Panneerselvam and his supporters had revolted against the leadership of V K Sasikala as party general secretary.
After Panneerselvam and Palaniswami merged their factions, the former and Pandiarajan were inducted into the Cabinet.
The judge then asked the counsel to update the position of the apex Court in the above case by November 2 on which date petitions challenging disqualification of 18 MLAs of the T T V Dhinakaran group and the petition filed by DMK seeking floor test have been posted for hearing.
The disqualified MLAs had challenged the Speaker's action against them under the anti-defection law on September 18.
Posting all these petitions to November 2, the judge said on that day he would decide on referring all these pleas to a larger bench.
Till that time the interim orders passed in these petitions will continue, the judge added.
The court had last month stated that it would first hear petitions challenging the disqualification of the 18 MLAs and then take up the DMK whip's plea.
The floor test plea by the DMK would be considered thereafter, the court had said, adding, the September 20 interim order barring floor test in the assembly would continue.
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