Split verdict in 18 MLAs disqualification case in TN
Chennai, June 14 : In a breather to the AIADMK government, the Madras High Court on Thursday gave a split verdict in the case of disqualification of 18 rebel-AIADMK MLAs.
Chief Justice Indira Banerjee upheld the disqualification of the 18 legislators ordered by Tamil Nadu Assembly Speaker P. Dhanapal while companion judge Justice M. Sundar held that the Speaker's decision was invalid.
Justice Banerjee said in view of the contradicting judgements, the case will now be transferred to a third judge. The Chief Justice made it clear that she will not decide on the third judge and that decision will be taken by a senior judge. Justice Huluvadi Ramesh is most likely to decide the name of the third judge.
Maintaining status quo, the court also said till the case is finally decided, no by-elections should be held.
The Chief Justice in her judgement said the Speaker's decision could not be called unreasonable and need not be interfered with by the court.
On the other hand, Justice Sundar said he differed with the Chief Justice and cited a Supreme Court judgement to say that the High Court can interfere in the order of the Speaker which was not within the confines of law.
Tamil Nadu Assembly Speaker Dhanapal had disqualified 18 legislators after they met the Governor and gave a memorandum expressing loss of confidence in Chief Minister K. Palaniswami and requested him to appoint a new Chief Minister.
The case filed by the disqualified legislators against the Speaker's action is pending before the High Court since September, 2017. The court had reserved the judgement on January 24.
Hours before the judgement, Tamil Nadu Advocate General Vijay Narayanan met Palaniswami.
Earlier in the day, the disqualified law makers met sidelined AIADMK leader T.T.V. Dinakaran and discussed the steps to be taken ahead.
As per the party position in Tamil Nadu assembly, the ruling AIADMK has 116 members followed by DMK-89, Congress-8, IUML-1, Independent-1, the Speaker and 18 vacant seats, totalling 234. Besides, there is one nominated member. In April, in a different case, the Madras High Court had said it could not interfere in the Assembly Speaker's domain.
On April 27, the court dismissed a petition seeking disqualification of 11 AIADMK legislators, including Deputy Chief Minister O. Panneerselvam, for voting against the government during a confidence motion moved by Palaniswami last year.
Dismissing the petition filed by DMK Whip R. Sakkarapani, the court said it could not interfere in the Assembly Speaker's domain.
The court said it had the power of judicial review of decisions taken but could not interfere in a matter where the Speaker had not taken a decision. It also referred to a case pending in the Supreme Court on a similar issue arising from Andhra Pradesh.
The disqualification petition was filed against 11 AIADMK legislators for voting against the confidence motion on Palaniswami government on February 18, 2017, defying the party whip.
At that time, Panneerselvam had rebelled against the party led by jailed leader V.K. Sasikala. Later, Panneerselvam merged his group with the one led by Palaniswami who sidelined Sasikala and her relative T.T.V. Dinakaran.
The petition for disqualification was filed by Sakkarapani soon after Assembly Speaker Dhanapal disqualified 18 legislators owing allegiance to sidelined AIADMK leader Dinakaran.
The legislators belonging to Dinakaran camp had also written to the Governor expressing their loss of confidence in Palaniswami and requested him to appoint a new Chief Minister. The case was filed by the disqualified legislators against the Speaker's action.
A total of 19 AIADMK legislators had submitted a letter to the then Governor C.V. Rao withdrawing support to Palaniswami.
They asked the Governor to initiate the process to install a new Chief Minister. Dhanapal issued notice to the 19 lawmakers asking them why they should not be disqualified under the anti-defection law.
Subsequently, one of the MLAs, S.T.K. Jakkaiyan, switched over to the Palaniswami side and Dhanapal disqualified the remaining 18 lawmakers.
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Netanyahu recommends his Cabinet approve Hezbollah cease-fire proposal
Beirut, Nov 26: Israeli Prime Minister Benjamin Netanyahu said Tuesday that he would recommend his cabinet adopt a United States-brokered ceasefire agreement with Lebanon's Hezbollah, as Israeli warplanes struck across Lebanon, killing at least 23 people.
The Israeli military also issued a flurry of evacuation warnings — a sign it was aiming to inflict punishment on Hezbollah down to the final moments before any ceasefire takes hold. For the first time in the conflict, Israeli ground troops reached parts of Lebanon's Litani River, a focal point of the emerging deal.
In a televised statement, Netanyahu said he would present the ceasefire to Cabinet ministers later on Tuesday, setting the stage for an end to nearly 14 months of fighting.
Netanyahu said the vote was expected later Tuesday. It was not immediately clear when the ceasefire would go into effect, and the exact terms of the deal were not released. The deal does not affect Israel's war against Hamas in Gaza, which shows no signs of ending.
The evacuation warnings covered many areas, including parts of Beirut that previously have not been targeted. The warnings, coupled with fear that Israel was ratcheting up attacks before a ceasefire, sent residents fleeing. Traffic was gridlocked, and some cars had mattresses tied to them. Dozens of people, some wearing their pajamas, gathered in a central square, huddling under blankets or standing around fires as Israeli drones buzzed loudly overhead.
Hezbollah, meanwhile, kept up its rocket fire, triggering air raid sirens across northern Israel.
Lebanese officials have said Hezbollah also supports the deal. If approved by all sides, the deal would be a major step toward ending the Israel-Hezbollah war that has inflamed tensions across the region and raised fears of an even wider conflict between Israel and Hezbollah's patron, Iran.
The deal calls for a two-month initial halt in fighting and would require Hezbollah to end its armed presence in a broad swath of southern Lebanon, while Israeli troops would return to their side of the border. Thousands of Lebanese troops and UN peacekeepers would deploy in the south, and an international panel headed by the United States would monitor all sides' compliance.
But implementation remains a major question mark. Israel has demanded the right to act should Hezbollah violate its obligations. Lebanese officials have rejected writing that into the proposal. Israel's Defense Minister Israel Katz insisted on Tuesday that the military would strike Hezbollah if the U.N. peacekeeping force, known as UNIFIL, doesn't provide “effective enforcement” of the deal.
“If you don't act, we will act, and with great force,” Katz said, speaking with UN special envoy Jeanine Hennis-Plasschaert.
The European Union's top diplomat, Josep Borrell, said Tuesday that Israel's security concerns had been addressed in the deal also brokered by France.
“There is not an excuse for not implementing a ceasefire. Otherwise, Lebanon will fall apart,” Borrell told reporters in Italy on the sidelines of a Group of Seven meeting. He said France would participate on the ceasefire implementation committee at Lebanon's request.
Bombardment of Beirut's southern suburbs continues
Even as Israeli, US, Lebanese and international officials have expressed growing optimism over a ceasefire, Israel has continued its campaign in Lebanon, which it says aims to cripple Hezbollah's military capabilities.
An Israeli strike on Tuesday levelled a residential building in the central Beirut district of Basta — the second time in recent days warplanes have hit the crowded area near the city's downtown. At least seven people were killed and 37 wounded, according to Lebanon's Health Ministry.
Three people were killed in a separate strike in Beirut and three in a strike on a Palestinian refugee camp in southern Lebanon. Lebanese state media said another 10 people were killed in the eastern Baalbek province. Israel says it targets Hezbollah fighters and their infrastructure.
Earlier, Israeli jets struck at least six buildings in Beirut's southern suburbs. One strike slammed near the country's only airport, sending plumes of smoke into the sky. The airport has continued to function despite its location on the Mediterranean coast next to the densely populated suburbs where many of Hezbollah's operations are based.
Israeli military spokesman Avichay Adraee issued evacuation warnings for 20 buildings in the suburbs, as well as a warning for the southern town of Naqoura where UNIFIL is headquartered.
UNIFIL spokesperson Andrea Tenenti told The Associated Press that peacekeepers will not evacuate.
Other strikes hit in the southern city of Tyre, where the Israeli military said it killed a local Hezbollah commander.
The Israeli military also said its ground troops clashed with Hezbollah forces and destroyed rocket launchers in the Slouqi area on the eastern end of the Litani River, a few kilometres from the Israeli border.
Previous ceasefire hopes were dashed
Under the ceasefire deal, Hezbollah would be required to move its forces north of the Litani, which in some places is about 30 kilometers (20 miles) north of the border.
A ceasefire between Israel and Hezbollah, the strongest Iranian-backed force in the region, would likely significantly calm regional tensions that have led to fears of a direct, all-out war between Israel and Iran. It's not clear how the ceasefire will affect the Israel-Hamas war in Gaza. Hezbollah had long insisted that it would not agree to a ceasefire until the war in Gaza ends, but it dropped that condition.
Hezbollah began firing into northern Israel, saying it was showing support for the Palestinians, a day after Hamas carried out its Oct. 7, 2023, attack on southern Israel, triggering the Gaza war. Israel returned fire on Hezbollah, and the two sides have been exchanging barrages ever since.
Israel escalated its campaign of bombardment in mid-September and later sent troops into Lebanon, vowing to put an end to Hezbollah fire so tens of thousands of evacuated Israelis could return to their homes.
More than 3,760 people have been killed by Israeli fire in Lebanon the past 13 months, many of them civilians, according to Lebanese health officials. The bombardment has driven 1.2 million people from their homes. Israel says it has killed more than 2,000 Hezbollah members.
Hezbollah fire has forced some 50,000 Israelis to evacuate in the country's north, and its rockets have reached as far south in Israel as Tel Aviv. At least 75 people have been killed, more than half of them civilians. More than 50 Israeli soldiers have died in the ground offensive in Lebanon.
After previous hopes for a ceasefire were dashed, U.S. officials cautioned that negotiations were not yet complete and noted there could be last-minute hitches that delay or destroy an agreement.
“Nothing is done until everything is done,” White House national security spokesman John Kirby said.
While the ceasefire proposal is expected to be approved if Netanyahu brings it to a vote in his security Cabinet, one hard-line member, National Security Minister Itamar Ben-Gvir, said he would oppose it. He said on X that a deal with Lebanon would be a “big mistake” and a “missed historic opportunity to eradicate Hezbollah.”
