High Court seeks video clip of floor test

The first bench comprising acting Chief Justice Huluvadi G Ramesh and Justice R Mahadevan on issuing notice to the Assembly Speaker P Dhanapal, both in his capacity as head of the house as well as in his individual capacity, posted the matter to March 10 for further hearing. Besides PILs moved in this regard by DMK working president MK Stalin, there exists four more, which have all sought to declare the February 18 confidence vote as illegal and null and void. 

When hearing commenced in a packed court hall, Stalin’s counsel R Shanmugasundaram on recalling the bench asking him to submit video clippings of the alleged illegalities, told the court that as Leader of Opposition in the house Stalin cannot furnish evidence available in public arena, and that his request to the Assembly Secretariat for the clippings is yet to evoke any response. 

Advocate K Ravi, appearing as party in person, for the PIL he had moved, claimed that all was not well with the procedure adopted for pushing through the confidence motion as it was engineered to succeed under threat, coercion and undue influence. He submitted that a great section of MLAs was made to stay together in a closed resort for more than 10 days, cut off from all communications. Subsequently, they were brought in a guarded convoy in the cars of the ministers who sought their vote of confidence to the House on the voting day. Further, a whip in the name of the government chief whip was issued to AIADMK MLAs asking them to vote for Edappadi Palanisamy, he said and added that it was not a mere request because defying the whip would invite disqualification.

He said any act of any authority in a democracy must instil confidence in the people that it is fair and just. Whenever an act of great moment fails to give such confidence, the act must be nullified and redone in such manner to gain public confidence, he said.Senior counsel NL Rajah said the Speaker’s decision not to follow the Supreme Court verdict in the Jagadambika Paul vs Kalyan Singh case, where secret ballot was held, was irrational. Herding together MLAs and making them stay at a resort was a breach of privilege of the Assembly, he said, adding that voting ought not to have been done after bundling out all Opposition MLAs.