MHC directs Speaker to conclude MLA disqualification proceeding

CHENNAI: The Madras High Court has directed Tamil Nadu Assembly Speaker JCD Prabhakar to complete disqualification proceedings against four AIADMK MLAs who resigned from the party and joined Chief Minister Joseph Vijay's Tamilaga Vettri Kazhagam (TVK) within two months, while upholding the acceptance of their resignations as constitutionally valid.

The first bench of the Madras High Court, comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan, has directed the Tamil Nadu Legislative Assembly Speaker to conclude the disqualification proceedings against S Jayakumar, Maragatham Kumaravel, P Sathyabama and Esakki Subaya within two months.

The bench passed the order on petitions filed by AIADMK whip Agri SS Krishnamurthy, challenging the Speaker's decision to accept the resignations of six legislators who quit the party after the Assembly elections and joined TVK the same day.

The six legislators are Kumaravel (Maduranthakam), Jayakumar (Perundurai), Sathyabama (Dharapuram), Subaya (Ambasamudram), former Health Minister C Vijayabaskar (Viralimalai) and former Transport Minister MR Vijayabhaskar (Karur).

The bench observed that the resignations tendered by the defecting MLAs were "genuine" and "voluntary" and in accordance with the provisions of the Tenth Schedule of the Constitution. The Speaker of the Tamil Nadu Legislative Assembly was not required to undertake a roving or detailed inquiry into the alleged motives behind the resignations.

Accordingly, the acceptance of the resignations and the consequential declaration of vacancies were constitutionally valid, the bench held.

The pendency of disqualification proceedings did not constitutionally bar the Speaker from accepting the resignations, as resignation and disqualification are two distinct constitutional processes. The Speaker was, therefore, competent to accept the resignations notwithstanding the pending disqualification proceedings, the bench said.

However, the acceptance of the resignations did not render the pending disqualification proceedings academic or infructuous. The Speaker was still required to adjudicate and decide the disqualification proceedings, the bench held.

It further observed that the High Court has the power under Article 226 of the Constitution of India to intervene if the Speaker fails to decide disqualification proceedings within a reasonable period.

In the circumstances, it issued a time-bound mandamus directing the Speaker to conclude the pending disqualification proceedings within two months.

The bench also directed the Speaker not to allow any defecting MLA to unnecessarily delay the proceedings by seeking adjournments on flimsy grounds. As the proceedings had already been pending for four months, the defecting MLAs should not be granted more than two opportunities or adjournments, the bench said.

The bench noted that the AIADMK had unconditionally withdrawn the disqualification proceedings against 14 MLAs, including C Vijayabaskar and MR Vijayabhaskar. As no proceedings under the 10th Schedule were shown to be pending against the two MLAs, the bench held that the Speaker had committed no error in accepting their resignations.

In view of these conclusions, the bench dismissed the petitions challenging the Speaker's acceptance of the resignations of the two Vijayabaskars, while partly allowing the petitions concerning the acceptance of the resignations of the remaining four MLAs and directed the Speaker to conclude the disqualification proceedings against the four MLAs within two months.