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MLAs disqualification case adjourned to December 6
As the arguments in the 18 MLAs’ disqualification case is set to continue further on December 6, Senior Advocate C Aryama Sundaram appearing for the Tamil Nadu Assembly Speaker contended that if the 18 MLAs were merely seeking a change in the Chief Ministership, which was an intra-party affair, there was no need to go to the Governor seeking to exercise his constitutional power.
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Chennai
Arguing before the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, he said the tenor of the letter clearly meant that they wanted the Governor to order for a floor test, which meant that they wanted to remove the government in power.
He said their leader TTV Dinakaran first offers a letter to the Governor followed by the 18 MLAs. Interestingly, this is followed by a letter from the principal opposition party DMK seeking the Governor to hold the floor test, which revealed that they were all working in tandem to topple the government, he said.
The Speaker being the master of the House did whatever he could within his constitutional powers, he added.
Aryama Sundaram also submitted that the legal principles in Yeddyurappa case can be applied. But an analogy cannot be made based on facts, he said and noted that they have borrowed Yeddyurappa’s language but not the facts when such decisions are fact specific.
He said the disqualified MLAs keep harping on denial of natural justice and that they were not heard. But, despite the rules just offering a week’s notice, the said MLAs took three weeks seeking one adjournment after another but failed to explain their cause.
Senior Counsel PS Raman, appearing for certain of the disqualified MLAs, said the withdrawal of support had nothing to do with the floor test demand.
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