Madras HC upholds disqualification of 18 AIADMK MLAs, big setback for Dhinakaran

CHENNAI: The Madras High Court has upheld the Speaker's disqualification of 18 AIADMK MLAs loyal to TTV Dhinakaran saving the present government a possible crisis over lack of numbers in the House.

The verdict means that by-elections will be held to the 18 seats represented by the MLAs, but the Edappadi K Palaniswami government at present stays above the halfway mark of 116.

Justice Sathyanarayanan said there was no infirmity in the order of the Assembly Speaker P Dhanapal. "All the material that were available at the time of passing of the order by the Speaker alone have been taken into consideration and this court cannot go into the subsequent events," he observed.


Immediately after the verdict , Dhinakaran told reporters that he would discuss with the MLAs and decide whether to appeal in the Supreme Court.

"It is not a setback for us, it is an experience. We will face the situation,"Dhinakaran said.

The ruling AIADMK hailed the order with Chief Minister Palaniswami saying his party was ready to face bypolls "whenever they are announced".

If the court had struck down the Speaker's disqualification the 18 MLAs would have added to the overall strength of the House, placing the present government just short of the halfway mark.

The 18 MLAs loyal to TTV Dhinakaran - who floated his own party Amma Makkal Munnetra Kazhagam ( AMMK) after exiting the AIADMK - are presently sequestered at the tourist town of Courtallam.

The MLAs were disqualified on September 18 last year under the anti-defection law after they met the Governor and expressed loss of confidence in Chief Minister K Palaniswami.

In view of the split verdict with 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 it.