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HC refuses to vacate stay on privilege notices to DMK MLAs

The Madras High Court on Tuesday refused to vacate the stay granted by a single judge against fresh breach of privilege notice issued against Opposition Leader MK Stalin and 17 DMK MLAs for displaying gutkha sachets in the Assembly in 2017.

HC refuses to vacate stay on privilege notices to DMK MLAs
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Madras High Court

Chennai

 Hearing an appeal moved by Assembly Secretary and Committee of Privileges challenging the stay granted by Justice Pushpa Sathyanarayana on the breach of privilege proceedings, the first bench refused to vacate the stay but permitted the Assembly Secretary to move an application before the single judge seeking to vacate the stay. Justice Pushpa Sathyanarayana had held that the opposition MLAs had made

 out a prima facie case that the notice has been issued again with malafide intentions, and stayed it till further orders. The first bench had quashed the earlier privilege notice citing foundational errors and that the MLAs did not violate any law. However, it left it to the committee to examine whether it would amount to a breach of privilege. Following this, fresh notice was issued on the basis that the issue now has to be decided with reference to MLAs’ conduct, including display without Speaker’s permission, disturbance to Assembly proceedings, and causing disorder and disrepute to the Assembly. 

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