HC reserves orders on TN Speaker case

Chennai, Dec 8 (UNI) Madras High Court today reserved orders on a petition seeking to declare as illegal and unconstitutional the relaxation of a rule and a subsequent resolution defeating the demand for removal of Tamil Nadu Speaker R Avudaiappan.

Justice K Suguna reserved orders on the petition filed by AIADMK MLA and Deputy Leader of Opposition O Paneerselvam after hearing elaborate arguments from Petitioner Counsel P H Manoj Pandian and Advocate General R Viduthalai.

According to the petitioner, AIADMK MLA Thambidurai preferred a notice dated August two to the Assembly Secretary to move a resolution for removal of the Speaker.

The Speaker, Deputy Speaker and the Secretary were expected to follow mandatory provisions of Article 179 (c) of the Constitution without which the resolution for removal was defeated on August three.

It was mandatory to issue a 14-day notice and Tamil Nadu Legislative Assembly Rules contemplated the manner and procedure to be followed for moving a resolution under Rule 68 and 69.

The resolution was taken up on August three without a motion for leave to move it and entering it in the list of business.

House Leader K Anbazhagan moved the 'unconstitutional' resolution for relaxing Rule 68 of the TNLA.

The Deputy Speaker, too, stated the resolution (for removal of the Speaker) was not seconded by any member and thereafter ruled as there was none to second it, it was defeated by voice vote.

The Deputy Speaker then left the decision to the House by a voice vote which was unanimously defeated.

The petitioner contended that matters of public importance could not be taken up without an entry into the list of business and notice.

This was against convention and rules of legislature. If the resolution had been taken up after 14 days, it would have enabled the petitioner and others to participate in the discussion as per Article 179 (c) of the Constitution and substantiate it with records and materials.

UNI XR GM SI GC1928