SC stays disqualification proceedings against third AIADMK MLA

A bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna o issued notice on a petition filed by MLA A Prabhu and posted the matter for further hearing on July 12.

"There shall be stay of further proceedings in notice.... dated April 29, 2019 on the petition for disqualification filed under the Tenth Schedule initiated by respondent no. one (Assembly speaker) against the petitioner (Prabhu)," the bench said in its order.

On May 6, the top court had stayed the disqualification proceedings against  AIADMK MLAs V T Kalaiselvan and E Rathinasabapathy, who were also served notice by the Assembly Speaker under the Anti-defection law after their party accused them of siding with expelled AIADMK leader and Amma Makkal Munnetra Kazhagam (AMMK) founder TTV Dhinakaran.

Assembly Speaker P Dhanapal issued notices to Prabhu (Kallakurichi), Kalaiselvan (Vriddhachalam) and Rathinasabapathy (Aranthangi) seeking an explanation.

"It is submitted that the actions of the Respondent number-1 (Speaker) in the last two years speaks volumes of his partisan and biased conduct and has reasonable apprehension that the respondent number-1 would not be following the dictum of law laid down and would act without jurisdiction to adjudicate and decide the disqualification petition", the plea filed by one of the MLAs said.

The action of the Speaker is without jurisdiction, arbitrary and actuated with malice, it alleged.

One of the petitioners had said that just when the election result of the by-election to 22 assembly seats are due to be announced on May 23, the action taken by Speaker to initiate disqualification proceedings against them "smacks of biased and partisan attitude".