The Supreme Court on Monday stayed proceedings initiated by Tamil Nadu Assembly Speaker P. Dhanapal for disqualification of three AIADMK MLAs for “anti-party activities” by supporting rival T.T.V. Dhinakaran.
A Bench led by Chief Justice of India Ranjan Gogoi also issued notice to the Assembly Speaker.
The MLAs, V.T. Kalaiselvan and E. Rathinasabapathy, had approached the Supreme Court to restrain the Speaker from acting on a disqualification notice for anti-party activities issued in their name, in view of their endorsement of T.T.V. Dhinakaran’s leadership.
Senior advocate Kapil Sibal, appearing for the MLAs, claimed the Speaker could have acted in “partisan and a biased manner contrary to the high position” because a motion for his own removal moved by the DMK on April 30 was pending.
Senior advocate Mukul Rohatgi, appearing for the Speaker, objected the MLAs coming straight to the apex court barely after the Speaker’s notice to them.
The Assembly Speaker had on April 29 issued a notice to three “dissident” AIADMK MLAs including A. Prabhu for supporting Mr. Dhinakaran, who along with V.K. Sasikala floated their own outfit following the death of Jayalalithaa on December 5, 2016.
The petitioner contended that the action by the Speaker was taken in an arbitrary manner without jurisdiction and actuated with malice.
The petitioner also contended that with a no-confidence motion pending against the Speaker, he could not adjudicate in a matter of disqualification.
“It has been held by this court that it would be constitutionally impermissible for the Speaker to adjudicate a dispute of disqualification petition under the Tenth Schedule of the Constitution while a notice of resolution for his own removal from the office of Speaker is pending,” his petition stated.
