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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Had a very good conversation with friend Modi: Trump
Washington (PTI): US President Donald Trump on Friday said he had a "very good conversation" with his "friend" Prime Minister Narendra Modi.
He was referring to the talks the two leaders had on Tuesday.
"I had a very good talk with him, and he's a friend of mine from India, and he's doing great. We had a very good conversation," Trump told reporters here as he headed to Las Vegas to address a roundtable on tax cuts.
Trump had called Modi on Tuesday to discuss the bilateral relationship and share perspectives on the situation in West Asia, where the US and Israel have launched a war on Iran.
The US and Iran declared a two-week ceasefire on April 7. They engaged in peace talks with Washington, insisting that Tehran give up its pursuit of nuclear weapons and uranium enrichment.
The war with Iran has sent gas prices soaring as Tehran blocked the sea lanes in the Strait of Hormuz, the narrow gateway for a fifth of global oil supplies.
During the Trump-Modi phone call on Tuesday, the two leaders stressed the importance of keeping the Strait of Hormuz open and secure.
According to the US Ambassador to India Sergei Gor, the 40-minute conversation ended with Trump telling Modi, "we all love you".
Tuesday's phone call was the second between the two leaders since the US-Israel war with Iran began on February 28.
