CHENNAI: Madras High Court has extended its stay on conduct of a floor test in Tamil Nadu assembly till further orders. It has also restrained the Election Commission of India from issuing election notification to the 18 constituencies declared vacant pursuant to the disqualification of the rebel MLAs. Justice M Duraiswamy passed an interim order on the pleas moved by 18 disqualified MLAs assailing the order of Speaker P Dhanapal.
The order was passed after consent was given by both parties, the speaker's and the MLA's sides, to not conduct the floor test. Senior counsel Dushyant Dave, defending the case of MLAs, said, “No MLA had defected to any other party and so the penalty action against them under anti-defection law is untenable. The speaker had failed to keep in mind the Supreme Court ruling in the BS Yeddyurappa case.” He said they had been unlawfully stripped of their posts only to enable the Edappadi K Palaniswani government to sail through the confidence motion.
Dave said the MLAs had merely given a representation to the Tamil Nadu governor expressing lack of confidence in the chief minister. “Speaker is not above law, and he too is bound to act within the Constitution. People sitting in Delhi are deciding the affairs of Tamil Nadu,” he said. He said the MLAs neither voluntarily gave up their posts nor denied whip, and were still disqualified because the Speaker failed to try and ascertain the truth.
