18 Disqualified MLAs to Move SC Against Madras HC Verdict

Justice M Sathyanarayanan of the Madras High Court on Thursday, 25 October, upheld the Tamil Nadu speaker’s decision to disqualify the 18 AIADMK MLAs. They were disqualified in September 2017, under the anti-defection law.

The 18 AIADMK MLAs, who were disqualified on 18 September 2017 under the anti-defection law after they met the Governor and expressed loss of confidence in Chief Minister K Palaniswami, will now knock the doors of the Supreme Court after the Madras High Court uphheld their disqualification on Thursday, 25 October.

A day after the Madras High Court upheld their disqualification, the 18 MLAs who were disqualified on Thursday, 25 October, will move the Supreme Court against the HC verdict, said Thanga Tamilselvan, one of the disqualified MLAs.

Chief Election Commissioner, OP Rawat, speaking to ANI, said “since disqualifications will create vacancies and whenever there are vacancies, we're required to hold elections (bypolls) to those vacancies within 6 months, so the Commission will see it from that angle.”

DMK Chief MK Stalin reacted to the Madras HC verdict by stating that “democracy must be safeguarded.”

“Already two assembly constituencies are vacant, now with Madras HC verdict, 18 seats have fallen vacant. Therefore, EC should take steps immediately to fill them,” Stalin said.

Tamil Nadu Chief Minister E Palaniswami welcomed the Madras HC verdict, adding that the ‘Amma’s government’ will emerge stronger after the bypolls.

Tamil Nadu Deputy Speaker Pollachi V Jayaraman said that the verdict was a “victory for dharma and a slap in the face of traitors.”

He asserted that even if the verdict was appealed, “truth will win.”

Speaking to ANI after the verdict, TTV Dhinakaran – who the 18 disqualified MLAs are supporting, said that they will be consulted before deciding the next course of action.

Justice M Sathyanarayanan of the Madras High Court upheld the Tamil Nadu speaker’s decision to disqualify the 18 AIADMK MLAs.

"All the material that were availble at the time of passing of the order by the Speaker alone have been taken into consideration and this court cannot go into the subsequent events," he observed while upholding their disqualification.

Security has been tightened outside court hall number 6 of Madras High Court from where Justice M Sathyanarayanan would be delivering the verdict in the 18 MLAs disqualification case, reported News18.

The Supreme Court on 27 June, refused to transfer the case of the disqualification of 18 Tamil Nadu MLAs from Madras High Court to Supreme Court.

The apex court, instead assigned a new judge Justice M Sathyanarayanan in the case, in Madras High Court.

The Madras High Court on 14 June, delivered a split verdict on the petitions challenging the disqualification of 18 AIADMK MLAs loyal to sidelined leader TTV Dhinakaran.

While High Court Chief Justice Indira Banerjee upheld the Speaker's order disqualifying the MLAs, Justice M Sundar struck it down on the ground on that it violates the principles of natural justice and therefore should be subjected to judicial review.

According to The News Minute, the matter will now be referred to a third judge, who will be selected by the second-most senior judge in the court, namely Justice Huluvadi G Ramesh.

This process will take at least two more months. The third judge, after he/she is appointed, will again take cognisance of arguments from both sides, and then deliver the final verdict.

The verdict on Thursday also means that there will neither be bypolls in the 18 seats nor will a floor test be held till the matter is decided by the court.

The Madras High Court will pronounce the verdict at 10.30 am.