Madras HC delivers split verdict on disqualification of 18 AIADMK MLAs

While Chief Justice Indira Banerjee upheld Speaker P Dhanapal’s decision to disqualify the dissident MLAs, Justice M Sundar set aside the disqualification order.

Delivering the judgment in a packed court hall, the Chief Justice based her ruling on the aspect that there is no scope for judicial interference in the case. Noting that the Speaker, being the repository of power to decide the question of disqualification under the Tenth Schedule, has passed the impugned order after giving the writ petitioners sufficient opportunity, she said, “It cannot be said that the order impugned is vitiated by malice in law, malice in fact or mala fides. Be it noted that, in the writ petitions, there is no allegation against the Speaker of harbouring personal enmity against the writ petitioners.”

The Chief Justice further noted, “In my opinion, the view taken by the Speaker is a possible, if not plausible view, and I am unable to hold that the said decision is any way unreasonable, irrational or perverse.” “It is well settled that when two views are possible, the High Court does not in exercise of its power of judicial review conferred under Article 226 of the Constitution of India interfere with the decision just because it prefers the other view. No interference is, therefore, warranted with the impugned order passed by the Speaker,” she added.

However, Justice Sundar on holding that the philosophy behind tenth schedule (Anti-defection Law) is to ensure that the electorates mandate is not manipulated, said, “I find considerable force in the emphatic submission of the writ petitioners that powers vested with the Speaker under the Tenth Schedule have been used for political exigencies which is foreign to the very objective with which powers are so vested. Therefore, I am inclined to accept the submissions of the writ petitioners that the impugned order is hit by mala fides”

Owing to the dissenting verdict, the matter is set to be referred to a third judge to make a final decision. The Chief Justice clarified that since she was part of the verdict, it would not be appropriate for her to nominate the third judge and hence the seniormost judge after her will nominate the third judge. The bench also made it clear that the interim order staying the floor test and conducting of elections in the 18 constituencies should continue till the third judge decides. On September 18, 2017, the Speaker had disqualified the 18 MLAs under the Tenth schedule after the MLAs had given identical representations to the then Governor (in-charge) C Vidyasagar Rao on August 22, 2017, withdrawing their support to Chief Minister Edappadi K Palaniswami.

Aug 22, 2017: 18 AIADMK MLAs owing allegiance to TTV meet Governor seeking to change CM.

Sept 18, 2017: Speaker disqualifies 18 MLAs on grounds of defection.

Sept 20, 2017: Single judge admitting plea stays conduct of floor test and restrains EC from conducting bypoll.

Jan 23, 2018: MHC first bench comprising CJ Indira Banerjee and Justice M Sundar reserve orders.

June 6, 2018: First bench delivers split verdict.