18 AIADMK MLAs Disqualification Case: Split Verdict By High Court

News World India | 0
| June 14 , 2018 , 16:41 IST

The Madras High Court on Thursday pronounced a split verdict in the petition relating to the disqualification of 18 MLAs of the AIADMK by the speaker of the Tamil Nadu assembly.

Chief Justice Indira Banerjee upheld the 18 September order of Tamil Nadu Assembly Speaker P Dhanapal disqualifying the MLAs. On the other hand Justice M Sundar, the other judge on the bench disagreed with Banerjee’s view.

The Chief Justice in her judgement said that the Speaker's decision could not be called unreasonable and need not be interfered with by the court.

While the other judge cited a Supreme Court judgement to say that the High Court can interfere in the order of the Speaker which was not within the confines of the law.

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The matter will now be heard by a third judge. Since the bench has a split in the view, the third judge will likely be nominated by Justice Huluvadi G. Ramesh.

However, until the third judge pronounces the verdict, no floor test will be conducted in the House.

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Tamil Nadu Assembly Speaker Dhanapal had disqualified 18 legislators after they met the Governor and gave a memorandum expressing a loss of confidence in Chief Minister K. Palaniswami and requested him to appoint a new Chief Minister.

As per the party position in Tamil Nadu assembly, the ruling AIADMK has 116 members followed by DMK-89, Congress-8, IUML-1, Independent-1, the Speaker and 18 vacant seats, totaling 234. Besides, there is one nominated member.