Disqualification of 18 AIADMK MLAs: Madras HC passes split verdict, status quo continues

CHENNAI: Setting the suspense in motion for some more time, the Madras high court on Thursday passed a split verdict in the case against disqualification of the 18 rebel AIADMK MLAs in Tamil Nadu.
While the Chief Justice Indira Banerjee upheld the disqualification order passed by Tamil Nadu assembly Speaker P Dhanapal, Justice M Sundar quashed the speaker’s order.

As a result, the cases would be referred to a third judge who would pronounce his opinion. The majority view would be considered the judgement.

Had the verdict gone either way, the government would have been in trouble. If the disqualification had been upheld, byelections would been held in 18 constituencies and the DMK winning them would have reduced the Edappadi K Palaniswami government to a minority. If the court had quashed the disqualification, there could have been two scenarios -- the MLAs joining hands with the DMK to pull down the government; and some of the MLAs supporting the government to ensure all survive.

On September 18, based on the complaint made by the AIADMK party whip S Rajendran against the legislators after they had met the governor and expressed their lack of confidence in chief minister Edappadi K Palaniswami, the speaker passed the disqualification order.

Alleging mala fide on the part of the speaker, the 18 MLAs approached the high court. Admitting their plea on September 20, a single judge of the court stayed conduct of floor test and restrained the Election Commission of India from declaring the constituencies as vacant and conducting bypolls.

Since the pleas involved constitutional issues, they were transferred to the first bench headed by the Chief Justice Indira Banerjee. After marathon hearings that lasted several weeks, the first bench reserved its verdict on January 23.