June 14, 2018
Chennai: The Madras High Court on Thursday delivered a split verdict in the 18 AIADMK disqualification case which means a temporary reprieve for EPS-OPS government. Now it will be referred to a third judge.
The first bench of the High Court led by Chief Justice Indira Banerjee and Justice M Sundar gave differing judgments. While chief justice Banerjee upheld the disqualification of the MLAs, Justice Sundar quashed the same.
Justice Bannerjee said she found the Speaker’s decision reasonable but Justice Sundar felt the speaker’s decision as violative of the principles of natural justice. He therefore sought judicial review of the decision.
Now the second most senior judge, Justice Huluvadi G Ramesh will consider as to whom to assign the case.
Had the verdict gone against the speaker, it would have led to fall of AIADMK government but today’s split verdict gives the government some more time. Also the verdict meant there will be no Bye elections till the case is finally decided.
Eighteen AIADMK MLAs were disqualified by Speaker P Dhanapal on September 18 and later the vacancies notified as well. The MLAs, who were supporting ousted AIADMK Deputy General Secretary, now AMMK leader and RK Nagar MLA TTV Dhinakaran, were disqualified.
They had last year written to then Governor Vidyasagar Rao expressing a lack of confidence in CM Palaniswami and withdrew support to him.
After a formal complaint was lodged with Speaker for anti party activities, and he disqualified them.