Chennai: The Madras High Court on Thursday delivered a split verdict in the case filed by 18 All India Anna Dravida Munnetra Kazhagam (AIADMK) MLAs challenging their disqualification. The case will now be heard by a third judge. While chief justice Indira Banerjee upheld the speaker P. Dhanapal’s decision to disqualify 18 MLAs, justice M. Sundar said the disqualification is not valid.
Last September, 18 MLAs loyal to sidelined leader T.T.V. Dhinakaran, who approached the then governor Vidyasagar Rao with a letter expressing lack of confidence in chief minister Edappadi K. Palaniswami, were disqualified by the speaker P. Dhanapal citing the anti-defection law.
The constituencies of the 18 legislators have remained vacant since September.
Nineteen MLAs backing Dhinakaran met Rao on 22 August and withdrew support to the Palaniswami government, prompting government whip S. Rajendran to call for them to be disqualified. Then, within few weeks, S.T.K. Jakkaiyan, one of the 19 MLAs, switched back to the chief minister’s camp.
In April, the Madras High Court had dismissed petitions to disqualify 11 AIADMK MLAs, including Tamil Nadu deputy chief minister O. Panneerselvam, for having voted against chief minister Edappadi K. Palaniswami during a motion of confidence in February last year.
The first bench of chief justice Indira Banerjee and justice Abdul Quddhose had then observed that the court cannot interfere with the powers of the speaker.