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18 Disqualified AIADMK MLAs Not To Appeal Against Madras High Court's Order

The 18 disqualified legislators are supporters of the sidelined AIADMK leader Dhinakaran, who was now an independent legislator.

18 Disqualified AIADMK MLAs Not To Appeal Against Madras High Court's Order
| File Photo
18 Disqualified AIADMK MLAs Not To Appeal Against Madras High Court's Order
outlookindia.com
2018-10-31T15:33:19+05:30

The 18 disqualified AIADMK legislators will not appeal against the Madras High Court's order upholding Tamil Nadu Speaker P. Dhanapal's order disqualifying them, said their camp leader T.T.V. Dhinakaran.

Speaking to reporters here on Wednesday Dhinakaran said they would face the bypolls whenever they are held for the 20 vacant seats.

On October 25, Justice M. Sathyanarayanan, the third judge named by the Supreme Court after a split verdict delivered by a two-judge bench earlier, upheld Dhanapal's 2017 order, saying it was done under the provisions of the anti-defection law and vacated the stay on holding bye-elections to these constituencies.

The 18 disqualified legislators are supporters of the sidelined AIADMK leader Dhinakaran, who was now an independent legislator.

In 2017, the 18 MLAs had met the then Governor C. Vidyasagar Rao and given a representation requesting him to change Chief Minister K. Palaniswami as they had lost confidence in him.

Following which, Dhanapal on the representation from the Chief Government Whip S. Rajendiran disqualified the 18 MLAs under the anti-defection law.

The Madras High Court in an interim order had restrained the Election Commission from holding bypolls in the 18 seats.

Two more seats fell vacant as the incumbents died.

The case:

Tamil Nadu Assembly Speaker P Dhanapal had on September 18 last year disqualified the 18 MLAs owing allegiance to side-lined party leader Dhinakaran on the grounds that they had tried to pull down the AIADMK government in the state.

In view of the split verdict with Chief Justice Indira Banerjee upholding the disqualification and Justice Sundar setting it aside, Justice S Vimala was appointed to hear the petitions afresh.

However, the apex court named Justice Sathyanarayanan while declining to accept a prayer of the disqualified MLAs who raised apprehension of "bias" and sought to transfer the matter to the apex court.

Justifying the decision of the All India Anna Dravida Munnetra Kazhagam's (AIADMK) chief had whipped in recommending disqualification of the 18 rebel MLAs, senior counsel Mukul Rohatgi submitted that the whip was compelled since the legislators acted against the party's decision.

He said the whip was also justified in sparing S T K Jakkaiyan form disqualification since he withdrew his complaint made to the Governor, and it was informed in writing to the Speaker.

(IWith inputs from IANS)

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