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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Badlapur accused Akshay Shinde shot dead: Lawyer of minor girls calls it 'killing of justice'
Mumbai (PTI): The gunning down of Badlapur case accused Akshay Shinde on Monday was the "killing of justice", said Asim Sarode, lawyer for the two minor girls he allegedly sexually assaulted.
Shinde was killed near Mumbra Bypass around 6:15pm when he allegedly snatched the gun of a policeman while he was being ferried in a police vehicle as part of a probe into a case registered on the complaint of his former wife.
After he shot and injured an API, another personnel from the escort team fired at him, and he was declared dead by doctors at a nearby hospital.
"While representing the two minor girls, I noticed it was becoming uncomfortable for the local politics of the Thane district and even for the educational institution where Akshay Shinde was working. Shinde's death in such a manner is killing of justice," Sarode told a regional news channel.
"Now, the case of sexual assault of the two minor girls will get sidelined. The case of these two minor girls was becoming difficult for the educational institute, as it is affiliated with a certain political family. Such a practice would lower the confidence of people in police and the judiciary," he claimed.
Sarode said he will be filing a plea before the Bombay High Court demanding thorough inquiry into the firing incident.
"Shinde's case could have brought up certain aspects that would have been negative politically for the government. I wonder how Shinde could access the gun and how he could unlock it when his hands were tied. This is political murder and is absolutely wrong," he said.
