The Supreme Court on Wednesday, 27 June, refused to transfer the case pertaining to the disqualification of 18 AIADMK MLAs from the Madras High Court.
The vacation bench, comprising of justices Arun Mishra and SK Kaul, instead appointed Justice M Sathyanarayanan as the third judge in the Madras HC, to decide plea by 18 AIADMK MLAs against their disqualification.
The MLAs had filed a plea seeking transfer of their case from the Madras High Court to the apex court after the split verdict by the high court.
- The Madras HC had given a split verdict in its 14 June hearing
- While High Court Chief Justice Indira Banerjee upheld the disqualification, Justice Sundar did not concur
- For now, there will neither be bypolls in the 18 seats nor will a floor test be held till the matter is decided by the court
Justice M Sathyanarayanan to Hear Plea of Disqualified AIADMK MLAs: SC
The Supreme Court, on 27 June, assigned the case relating to the disqualification of 18 AIADMK MLAs owing allegiance to sidelined party leader T T V Dhinakaran, to Justice M Sathyanarayanan of the Madras High Court, following a split verdict on the matter by a division bench.
A vacation bench comprising Justices Arun Mishra and Sanjay Kishan Kaul refused to transfer the case from the Madras High Court and said that Justice Sathyanarayanan would hear and decide the pleas filed by these MLAs challenging their disqualification by the Tamil Nadu Assembly speaker.
SC Refuses Transfer of Case, Appoints Third Judge
The Supreme Court refused to transfer the case of the disqualification of 18 Tamil Nadu MLAs from Madras High Court to Supreme Court.
The apex court, instead assigned a new judge Justice M Satyanarayana in the case, in Madras High Court.
SC to Hear Plea of 18 AIADMK MLAs on Wednesday
The Supreme Court agreed to hear on 27 June a plea filed by 18 disqualified AIADMK MLAs seeking transfer of their case from the Madras High Court to the apex court after the split verdict by the high court.
A vacation bench of justices Arun Mishra and SK Kaul said it will hear the plea day after tomorrow.
Senior advocate Vikas Singh, appearing for the 18 MLAs, said it is a serious matter which requires urgent hearing as the high court has given a split verdict on 14 June and the third judge is scheduled to hear the matter afresh.
He alleged that people knew through WhatsApp about the third judge who will be hearing the case after the split verdict.
The court said, "We don't go by WhatsApp messages and the matter will be heard on 27 June".
'This is Not a Setback, It's A New Experience': Dhinakaran on Madras HC Verdict
Addressing the media after the Madras High Court delivered a split verdict in the 18 AIADMK MLAs' disqualification case, TTV Dhinakaran said it was a 50 percent victory for them, but came as a disappointment for the people of Tamil Nadu.
He praised Justice M Sundar for not concurring with the disqualification order of the Speaker, and questioned Chief Justice Indira Banerjee for upholding it.
"I appreciate the honourable judge who has clearly stated in the judgement that the speaker’s decision is wrong. I am reminding the Chief Justice that she had given a different kind of verdict in the context of Puducherry... Is the law different in Tamil Nadu and Puducherry? The people will support us... This is not at all a setback. It is a new experience legally." - TTV Dhinakaran
He also emphasised that the 18 MLAs in question are loyal to his faction, adding that Amma's (Jayalalithaa) party can ultimately survive only if it is in the hands of Chinnamma (Sasikala).
"What is sad about all this is the people’s disappointment that this anti-people government has been given an extension of two months. As a layman, I have my doubts." - TTV Dhinakaran
Dhinakaran also indicated his intention to go for a floor test if the verdict is delivered in his favour.
Madras HC Delivers Split Verdict in AIADMK MLAs' Disqualification Case, Matter to be Referred to Third Judge
The Madras High Court on Thursday delivered a split verdict on the petitions challenging the disqualification of 18 AIADMK MLAs loyal to sidelined leader TTV Dhinakaran.
While High Court Chief Justice Indira Banerjee upheld the Speaker's order disqualifying the MLAs, Justice M Sundar struck it down on the ground on that it violates the principles of natural justice and therefore should be subjected to judicial review.
According to The News Minute, the matter will now be referred to a third judge, who will be selected by the second-most senior judge in the court, namely Justice Huluvadi G Ramesh.
This process will take at least two more months. The third judge, after he/she is appointed, will again take cognisance of arguments from both sides, and then deliver the final verdict.
The verdict on Thursday also means that there will neither be bypolls in the 18 seats nor will a floor test be held till the matter is decided by the court.
Madras HC Expected to Deliver Verdict on Disqualification of 18 AIADMK MLAs Today
The Madras High Court on Thursday, 14 June, is expected to deliver its verdict on petitions challenging the disqualification of 18 AIADMK MLAs owing allegiance to sidelined party leader TTV Dhinakaran.
The verdict may open up a fresh round of political squabbles and legal battles and could have a bearing on the stability of the AIADMK government led by Chief Minister E Palaniswami.
EPS had assumed office in February 2017 with the backing of Dhinakaran, but later turned against him.
The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, which had on 23 January reserved its orders on the petitions by the 18 MLAs challenging their disqualification by the Assembly Speaker under the Anti-Defection Law, was likely to give the judgement in the afternoon, court sources told PTI.
Opposition DMK has been claiming that with the disqualification of the MLAs, the Palaniswami government would be reduced to a minority.
A court ruling adverse to the government would intensify the power struggle between Dhinakaran, now chief of Amma Makkal Munnetra Kazhagam, and the ruling party led by EPS and O Panneerselvam.
(With inputs from PTI)
'100% Confidence We'll Win the Case': TTV Dhinakaran Camp
Speaking to the media ahead of the likely verdict in the 18 MLAs disqualification case, Thanga Thamizhselvan, belonging to the TTV Dhinakaran camp, expressed “100 percent confidence” that they will win the case.
"We did not commit any mistake. We want to get back to the Assembly and do our Constitutional duty. There is no chance the verdict will be against us. Our next step is to go to the Assembly and speak about the people’s problem." - Thanga Thamizhselvan
Calling the camp the “true AIADMK,” Thamizhselvan said that once they win the case, many MLAs will come to their side.
“We are the true AIADMK. Once we win the case, many MLAs will come to our side. Wait and watch.”
. Read more on India by The Quint.SC Refuses to Transfer 18 AIAMDK MLAs’ Disqualification CasePM’s Security Guidelines ‘Reiteration’ of Existing Rules: MHA . Read more on India by The Quint.