18 MLAs case: Clarification sought on date of whip’s complaint to Speaker

Even as arguments in the 18 MLAs disqualification case is set to continue further, the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar on Monday obtained clarification about the dates on when the complaint seeking to disqualify the MLAs led by O Paneerselvam for defying the party whip was received by the Speaker and the interim order offered by the ECI recognising the OPS and EPS faction as two different groups before its unification. 

As senior counsel C Aryama Sundaram, appearing for the Speaker P Dhanapal, contended that there was no haste in the Speaker’s action and that there was neither mala fide nor perversity in his action, Justice Sundar sought to clarify on the dates. He observed that the bench ‘would not have battled an eyelid’ if the Speaker had taken the decision to disqualify the MLAs after Nov 24, when EC’s ruling on the dispute was available by then. 

The judge also obtained clarifications that the interim stay on the two groups remaining as different entities had been in vogue until November 23. However, the senior counsel appearing for the speaker hastened to submit that the complaint was received on March 20. But before the Speaker could act, the Election Commission on March 22 had recognised both the EPS and OPS factions as different entities. Arguments are set to continue on Tuesday.