Lawstreet Journal

Tamil Nadu Defection Case: SC Dismisses Plea By DMK Seeking Disqualification Of 11 MLAs For Voting Against CM Palaniswamy

Lawstreet Journal 16 Feb 2020 12:32am

Image courtesy: Lawstreet Journal Judiciary Tamil Nadu Defection Case: SC Dismisses Plea By DMK Seeking Disqualification Of 11 MLAs For Voting Against CM Palaniswamy

On 14 February 2020, the Supreme Court dismissed an appeal filed by Dravid Munnetra Kazhagam (DMK) for the disqualification of 11 AIADMK MLAs for vote against Tamil Nadu Chief Minister Edappadi K. Palaniswamy in a motion of confidence in 2017, after the State Advocate General had told the court that the Assembly Speaker had issued a notice of disqualification. 

Chief Justice Sharad Arvind Bobde refused to put the speaker on a deadline. 

“Needless to mention the Speaker had to take a decision in accordance with the law,” said the Chief Justice in a short order ending the case.

Senior Advocate Kapil Simbal again referred to a judgment of the Supreme Court of Justice Rohinton F. Natiman on 21 January, which allowed Speakers of Lok Sabha and State Assemblies to decide on disqualification petitions for a "reasonable period" of up to three months. 

The judgment also instructed Parliament to amend the Constitution in order to deprive Speakers, who may be prejudiced by their respective political views, of their power to decide on the grounds of disqualification under the Tenth Schedule and to hand it over to an independent tribunal to decide equally and impartially.

Mr. Kapil appears for DMK leader R. Sakkarapani, who has appealed against an April 2018 order of the Madras High Court. 

The High Court held that it could not intervene with the Speaker's powers under the Tenth Schedule simply on the basis of a writ petition under Article 226 of the Indian Constitution, 1949. The court also refrained from… Continue Reading...

Tagged: DMK  
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