AIADMK seeks Madras HC to quash resignation of 3 ex-MLAs

CHENNAI: AIADMK Whip and former minister Agri SS Krishnamurthy has approached the Madras High Court seeking to quash the acceptance of the resignations of AIADMK MLAs Maragatham Kumaravel (Madurantakam), KS Jayakumar (Perundurai) and P Sathyabama (Dharapuram) and halt the by-election process for their seats, alleging violations of constitutional and statutory provisions.

The three former AIADMK members have now joined TVK. The party whip contended that the disqualification petitions against the three legislators under the Tenth Schedule of the Constitution were pending before the Speaker at the time of their resignations and that the resignations were accepted with undue haste, without proper enquiry, and in violation of constitutional and statutory requirements.

A Division Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan heard the matter.

Krishnamurthy has sought a stay on all further proceedings arising from the declaration of vacancies in the three Assembly constituencies pursuant to the June 9 order issued by the Chief Electoral Officer. He has also sought directions restraining the Election Commission of India and the CEO from issuing any notification or conducting by-elections in the three constituencies.

When the matter came up for hearing, Advocate General Vijay Narayan, appearing for the State, submitted that although disqualification proceedings had initially been sought against 25 AIADMK MLAs for voting in favour of the government in violation of the party whip, AIADMK General Secretary Edappadi K Palaniswami had subsequently informed the Speaker that he had accepted the apology of 21 legislators, resulting in the proceedings against them being dropped.

He further submitted that the four MLAs had voluntarily resigned from their posts. However, notices had been issued to them seeking explanations related to the disqualification proceedings, and appropriate orders would be passed in accordance with the Assembly Rules.
The matter was adjourned for further hearing on June 17.