AIADMK row: Madras High Court stays floor test until further order, next hearing on October 4

Encroachments along Adyar river, Madras HC directs Kancheepuram Distt. Collector to file report on removal steps

Chennai/Tamil Nadu, September 20: The Madras High Court today extended the stay on conduct of a floor test in Tamil Nadu assembly till its further orders. It would also hold back the Election Commission of India from issuing election notification to the 18 constituencies declared vacant pursuant to the disqualification of the rebel MLAs on Monday. According to reliable sources, Justice M Duraiswamy passed the interim order on the pleas moved by 18 disqualified MLAs assailing the order of Speaker P Dhanapal.

According to official sources, Dushyant Dave the senior counsel said that “The interim order was passed based on the consent given by both parties from the speaker’s and the MLAs sides  not to conduct the floor test. Dushyant Dave further said that “No MLA had defected to any bother party and so the penalty action against them under anti-defection law is untenable. The speaker had failed to keep in mind the Supreme Court ruling in the BS Yeddyurappa case.”

According to media sources, Dushyant Dave argued that they were unlawfully removed from their posts only to allow the government of Edappadi K Palaniswami to sail through confidence motion. Repeatedly the anti-defection is illegally appealed and the MLAs  represented to the Tamil Nadu governor expressing lack of confidence in the chief minister. The MLAs neither voluntarily gave up their posts nor denied any party whip, and yet they were disqualified because the speaker failed to try and ascertain the truth.

Dushyant Dave dded that “Speaker is not above law, and he too is bound to act within the Constitution. The speaker in this case acted like a political person. People sitting in Delhi are deciding the affairs of Tamil Nadu.” Regarding this  statement by Dushyant Dave, the speaker’s senior counsel Aryama Sundaram commented that it would not be fair to blame or bring the Center into the controversy. The Madras High Court the court passed the interim order and posted the pleas to October 4 for further hearing.