Verified genuineness before accepting MLAs’ resignation, Speaker JCD Prabhakar tells High Court

CHENNAI: Tamil Nadu Legislative Assembly Speaker JCD Prabhakar has submitted before the Madras High Court that he accepted the MLAs’ resignations only after being satisfied of their voluntary nature and genuineness.

The Speaker’s counter affidavit was filed before the first bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan. He stated that as a co-constitutional authority, he has the highest regard and respect for the judicial process and that it was never his intention to abstain from participating in the matter.

He stated that he had inquired with the resigned MLAs and the MLAs clarified that they had resigned of their own free will and volition, with no undue influence or coercion.

He further stated that there was no information indicating that the resignations were not voluntary at the time of the inquiry. He was also satisfied that the resignations were genuine after the MLAs confirmed that the resignation letters were in their own handwriting. Prabhakar said he accepted them, guided by the proviso to Article 190 (3) (b) of the Constitution and Rule 22 of the Tamil Nadu Legislative Assembly Rules.

He submitted that the inquiry was within the permissible scope under the Constitution and the TNLA Rules and, therefore, the acceptance of the resignation was valid and suffered from no legal or constitutional infirmity.

Former AIADMK Minister and party whip of the AIADMK party, Agri SS Krishnamurthy and others had approached the court challenging the acceptance of the resignation of 6 MLAs - S Jayakumar, Maragatham Kumaravel, P Sathyabama, Dr Esakki Subbaya, C Vijayabaskar and MR Vijayabhaskar, who won from the AIADMK party but later resigned from the party and joined TVK. The matter was posted to September 1 for further hearing.