Plea by legislators referred to larger bench of High Court

‘Issues raised involves matter of constitutional importance’

November 03, 2017 01:13 am | Updated 01:13 am IST - CHENNAI

A single judge of the Madras High Court on Thursday referred to a larger bench multiple petitions challenging the disqualification of 18 dissident AIADMK MLAs and the show-cause notice issued to 21 DMK MLAs for alleged breach of privilege.

Justice K. Ravichandra Babu observed that the issues raised in the petitions against the Speaker’s decisions and inaction in certain incidents involved constitutional issues, and added that it would be appropriate for a larger bench to hear matters of constitutional importance.

The judge directed the High Court Registry to place these before Chief Justice Indira Banerjee to constitute and refer them to a larger bench.

The pleas include the DMK’s petition against the privilege notice issued to 21 DMK MLAs including the Leader of the Opposition M.K. Stalin for bringing gutkha packets, which are banned in the State, into the floor of the House. The DMK also approached the court to direct the Speaker to conduct a floor test asking Chief Minister Edappadi K. Palaniswami to prove his majority.

DMK chief whip R. Sakkarapani also filed a petition for an order to the Speaker to initiate disqualification proceedings against O. Panneerselvam and 10 other MLAs who voted against the whip issued by the party during the floor test on February 18.

Following their disqualification, AIADMK MLAs owing allegiance to T.T.V. Dhinakaran too moved a similar plea. A petition was moved by the Assembly Secretary to vacate a stay ordered by a single judge restraining the Speaker from conducting a floor test till further orders.

DMK deputy whip K. Pitchandi also approached the Madras High Court, in his individual capacity, seeking issuance of writs of quo warranto against Deputy Chief Minister O. Panneerselvam and Minister for Tamil Culture MaFoi K. Pandiarajan, and to disqualify them from holding the posts for having voted against their party whip during the confidence motion moved by Chief Minister Edappadi K. Palaniswami.

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