38.6c New Delhi, India, Thursday, May 30, 2024
Judiciary

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

By LawStreet News Network      15 February, 2020 07:02 PM      0 Comments

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 passing any orders on Mr. Sakkarapani's petition to give a mandamus to the Speaker to disqualify 11 AIADMK legislators under the anti-defection rule.

Mr. Sakkarapani's petition claimed that 11 MLAs from the Panneerselvam group voted against the vote of the Trust on 18 February 2017.The plea for their disqualification was made before the Speaker under Paragraph 2 (1)(b) of the Tenth Schedule of the Constitution.

The reason this case was filed was because after the death of the Late. Ms. Jayalalitha the political stability was interrupted. When Mr. Palanisamy become the Chief Minister, Mr. Panneerselvam along with some other MLA’s voted against him in the no-confidence motion. 

In the current situation Palanisamy is the Chief Minister and Panneerselvam is the Deputy Chief Minister. According to DMK who have filed the case it is Defection. The laws related to Defecation has been mentioned under Schedule 10 of The Constitutution of India, 1949. Anti- Defecation laws have made so as to ensure that a political party functions on the system of shared belief. Its own political stability and social utility depend on such share beliefs and concerted actions of its members in furtherance of those commonly held principles. Any freedom for its members to vote in any way of the political parties’ principles, because this would undermine the people’s belief in that party.

 

Author: Harneet Singh



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

aap-minister-atishi-summoned-by-delhi-court-in-bjp-defamation-case-to-appear-on-jun-29
Trending Judiciary
AAP Minister Atishi summoned by Delhi Court in BJP defamation case, to appear on Jun 29

A Delhi Court has summoned Aam Aadmi Party (AAP) Minister Atishi in a defamation case by Bharatiya Janata Party (BJP) spokesperson Praveen Shankar Kapoor.

29 May, 2024 12:44 PM
sikkim-high-court-announces-menstrual-leave-for-female-employees
Trending Judiciary
Sikkim High Court Announces Menstrual Leave for Female Employees [Read Order]

Sikkim High Court grants 2-3 days of menstrual leave monthly to female employees, requiring Medical Officer approval, without deducting from regular leave accounts.

29 May, 2024 01:15 PM

TOP STORIES

live-coverage-in-depth-exploration-of-bhartiya-sakshya-adhiniyam-bsa-at-dhcba-lecture-series
Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
bjp-moves-supreme-court-against-calcutta-high-courts-ban-on-derogatory-ads-targeting-tmc
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM
demand-notice-via-courier-valid-in-cheque-bounce-cases-allahabad-high-court
Trending Judiciary
Demand Notice via courier valid in cheque bounce cases: Allahabad High Court [Read Order]

Allahabad HC rules demand notices via courier valid for cheque bounce cases under Section 138 NI Act, but service presumption needs registered post amendment.

24 May, 2024 01:44 PM
cant-interrupt-in-between-polls-sc-declines-to-consider-plea-for-uploading-voters-turnout-data
Trending Judiciary
'Can't interrupt in between polls,' SC declines to consider plea for uploading voters turnout data

SC declines plea to upload voter turnout data during ongoing polls, citing the need to avoid interruptions and uphold electoral integrity, pending further examination.

24 May, 2024 02:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email