HC dismisses AIADMK MLA's petition

Chennai, Feb 1 (UNI) Madras High Court today dismissed a writ petition filed by AIADMK Legislator A K Bose, seeking to set aside a resolution passed by the Tamil Nadu Assembly to expel him from the House for throwing a cap of the watch and ward staff on the Speaker.

Dismising the petition, Mr Justice V Dhanapalan directed Mr Bose to approach the House or the Speaker at the earliest for getting waiver, modification or reduction of the punishment and for restoration of payment of his withheld salary and allowances.

The Judge hoped that the Speaker or the House would look into the matter expeditiously in the event of being approached by the petitioner.

Citing various rulings of the Supreme Court and High Courts, the Judge observed that the court was not barred from scrutinising the validity of the Legislature's action, which was well within the power and competence of the Speaker or the House, and its views and acts were amenable to judicial scrutiny.

Regarding the present case, a pragmatic and microscopic approach of the facts and circumstances and the impugned resolution would make it clear that non-observance of certain procedures was only irregular in nature and not illegal or unconstitutional. Hence, there was no scope to interfere in the impugned resolution, he ruled.

The Judge said he failed to understand as to why the petitioner had approached the court two months after the suspension, that too without seeking remedy from the Speaker and Assembly Secretary.

UNI XR GD PJ RAI2009