Madras HC: Relief for 18 AIADMK MLAs

CHENNAI: The case will now be referred to a third judge,nine months after 18 AIADMK MLAs were disqualified by the Tamil Nadu Speaker P Dhanapal, the Madras High Court delivered a split verdict Today.

The first bench of the High Court led by Chief Justice Indira Banerjee and Justice M Sundar came out with differing judgements. While CJ Banerjee upheld the disqualification of the 18 AIADMK MLAs, Justice Sundar quashed the disqualification order by the Speaker.
Justice Bannerjee said she found the Speaker’s decision reasonable and therefore did not find a reason to interfere with the order. Justice Sundar meanwhile, said the Speaker’s decision was violative of the principles of natural justice which is why it should be subject to judicial review.

The second most senior judge, Justice Huluvadi G Ramesh, will now take a call on who the third judge will be.The verdict, which was widely predicted to threaten the Edappadi Palaniswami-led government, will now buy the ruling AIADMK more time.

This also means that status quo will be maintained. There will be no bye-elections for the 18 constituencies, nor will there be a floor test for EPS.

18 AIADMK MLAs were disqualified by Speaker P Dhanapal on September 18 and a gazette notification was issued declaring that vacancies to their seats have arisen due to the Anti-Defection Act.

 

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