AIADMK MLAs case: Disqualification upheld on well settled SC verdict
Chennai, Oct 25: The Madras High Court has upheld the decision of the Tamil Nadu speaker who had disqualified 18 MLAs of the TTV Dinakaran camp. Justice M Sathyanarayana, the third judge appointed by the Supreme Court delivered the verdict after a two judge had pronounced a split judgment.
This is a huge set back for the Dinakaran camp. This ideally means that a by-election win 18 constituencies is imminent. However this is not the end of the litigation as the MLAs will challenge this verdict in the Supreme Court.
It was a tough case for Dinakaran and his men from the start. A precedent had been set by the Supreme Court, in a similar case in Uttar Pradesh. In 2007 a case between the BSP and SP suggested that the move by the BSP members approaching the Governor against Mayawati, who was holding the government at that time, called for their removal from the party.
A few BSP members approached the Governor along with some SP members seeking the dissolution of the government. They even requested that Mulayam Singh Yadav be sworn in as CM.
The Supreme Court said in this case that based on the fact that they had met the Governor and asked for the dismissal of the government amounts to voluntarily giving up the membership of the party. Hence disqualification is justified, the court also held.
In the Tamil Nadu case, the question was whether the Speaker could have disqualified the members only on the ground that they refused to support the government. Such cases are solely dependant on circumstances and the Constitution does not specify that the MLAs will be disqualified only if they resign from the party.
The Constitution does not address this issue specifically and has left it to Speaker and the courts to interpret it.
How the numbers stand:
Total strength: 234
Strength after demise of Karunanidhi's and A K Bose-232
Speaker has one vote in case of a tie
- AIADMK: 110
- DMK without Karunanidhi: 88
- Congress: 8
- Muslim League: 1
- Disqualified MLAs: 18
- Independent MLA (supports Dinakaran): 1
- Sitting MLAs supporting Dinakaran: 5
- House strength minus Speaker: 131
- Magic Number: 117
- EPS govt short by 7