Disqualification of TTV loyalists won't stand judicial scrutiny

In court the Speaker would say that he had no option but to act. Schedule X was his only option.

Will the decision by the speaker to disqualify 18 legislators loyal to T T V Dhinakaran stand the legal test. The decision by the Speaker will be subject to judicial review and according to legal experts, it may not stand the test.

Legal experts say that an expression of dissent cannot be a valid ground to disqualify a legislator. The anti-defection law states that an MLA can be disqualified if he or she violates the whip. The other ground for disqualification could be when the legislator voluntarily gives up membership.

However in the instant case both have not happened and there has been a mere expression of dissent. The current scenario is only aimed at dragging the MLAs into court and delaying matters.

In court the Speaker would say that he had no option but to act. Schedule X was his only option.

Moreover he would also say that the MLAs had expressed no confidence in the Chief Minister and that amounted to giving up their membership. Whether a floor test would be conducted or not would largely depend on the judiciary. If no stay is granted, then the Governor will order a floor test.

OneIndia News