AIADMK MLAs disqualification verdict: Big setback for T T V Dhinakaran, Madras High Court upholds Tamil Nadu Speaker’s decision

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New Delhi | Updated: October 25, 2018 11:15:17 AM

AIADMK MLAs disqualification verdict: The 18 AIADMK MLAs met the state governor in September last and expressed a loss of confidence in Chief Minister K Palaniswami.

AIADMK MLAs disqualification verdict: The 18 AIADMK MLAs met the state governor in September last and expressed a loss of confidence in Chief Minister K Palaniswami.

AIADMK MLAs disqualification verdict: The Madras High Court today upheld the Tamil Nadu Speaker’s decision of disqualifying 18 MLAs under the anti-defection law. The verdict comes as a breather for Chief Minister K Palaniswami who has welcomed the verdict. Dhinakaran has said he respects the court judgement and vowed that this won’t be the end to his and parties legal course. Dropping a hint that he will move the Supreme Court challenging today’s judgement, he said that Supreme Court may deliver a different verdict.

The three-judge bench headed by Justice M Sathyanarayanan pronounced its verdict in the disqualification of 18 AIADMK MLAs over their allegiance to rebel leader T T V Dhinakaran. The verdict now paves way for bypolls to the 18 seats.

The 18 AIADMK MLAs met the state governor in September last and expressed a loss of confidence in Chief Minister K Palaniswami. Subsequently, they were disqualified under the anti-defection law. Earlier on June 14, Chief Justice Indira Banerjee and Justice M Sundar disagreed and delivered a split verdict on the pleas challenging the disqualification. Chief Justice Banerjee upheld the order given by Tamil Nadu Assembly Speaker P Dhanapal’s of disqualifying the MLAs. Justice M Sundar disagreed struck it down.

What is Anti-Defection Law?

In 1985, the the Rajiv Gandhi government had included the Tenth Schedule or the Anti-Defection Act in the Constitution. It was done through the 52nd Amendment Act. The MLAs and MPs can be disqualified based on certain grounds under the Anti-Defection Law’s Articles 102 (2) and 191 (2). These conditions are – an elected voluntarily gives up his membership of a political party; or if he/she casts votes or abstain from voting in House going against any direction issued by his/her political party or c) anyone authorised to do so, without obtaining prior permission.

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