Split Verdict in 18 AIADMK MLAs’ Disqualification Case
The Speaker had disqualified the legislators for withdrawing their support to the CM.  
The Speaker had disqualified the legislators for withdrawing their support to the CM.  (Photo: Harsh Sahani/ The Quint)
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Split Verdict in 18 AIADMK MLAs’ Disqualification Case

A two-judge bench of the Madras High Court threw up a split verdict in the 18 AIADMK MLAs' disqualification case on Thursday, 14 June.

While High Court Chief Justice Indira Banerjee upheld the disqualification, Justice Sundar did not concur. According to reports, the matter will now be referred to a third judge.

Snapshotclose

  • The third judge will be selected by the second-most senior judge in the court, namely Justice Huluvadi G Ramesh
  • 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
  • Speaking after the verdict was delivered, TTV Dhinakaran said, “The people will support us. This is not at all a setback. It is a new experience”
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KEY EVENT

'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.

KEY EVENT

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.”

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