A split verdict of the Madras High Court on the disqualification of 18 MLAs has prompted Thanga Tamilselvan, former MLA from Andipatti and one of the disqualified legislators, to announce that he would soon move the court, requesting withdrawal of his original petition challenging his disqualification.
Expressing his disagreement with the High Court’s verdict, Mr. Tamilsevan said that ever since he was disqualified in September last year along with 17 other MLAs, the people of his constituency haven’t had a representative in the Assembly. “I do not want this situation to last any longer. I am not inclined to seek any legal remedy anymore. I would prefer to face a byelection, which has to be held if I withdraw my petition from the High Court challenging the disqualification,” he said, sounding frustrated. He said he was hopeful of getting the court’s nod for his plea to withdraw his petition.
When asked whether the court would entertain the disqualified legislator’s request at a time when the case had been referred to a third judge for a final decision, former Madras High Court judge K. Chandru said he saw no hitch in this regard, as petitions could be withdrawn at any stage. In that case, the petitioner will not have the liberty to approach any other court, and the High Court could impose costs on him if it felt he had wasted its time.
‘Serves no purpose’
However, B.S. Gnanadesikan, senior advocate and leader of the Tamil Maanila Congress, felt that the court may not accede to such a request because, anyway, it had to dispose of petitions filed by other disqualified legislators in the case.
“In effect, no purpose is going to be served if the court allows the former MLA of Andipatti to withdraw his petition. What he [Mr. Tamilselvan] can do, when the case comes up before the third judge, is that he need not press his case,” Mr. Gnanadesikan pointed out.
Meanwhile, answering a query whether his readiness to face a byelection in Andipatti was due to any tacit understanding between the camp owing allegiance to independent MLA T.T.V. Dhinakaran and the Dravida Munnetra Kazhagam (DMK) that the latter would not field its nominee in the event of a byelection, Mr. Tamilselvan — a prominent figure in the Dhinakaran camp — said he expected the DMK to contest the byelection, if and when it is held.
“After all, they [the DMK] are the principal Opposition party, and would like to prove their strength.”
