No quo warranto against TN Mins

CHENNAI: The Madras High Court (MHC) on Wednesday declined to issue a writ of quo warranto against Ministers Udhayanidhi Stalin and PK Sekar Babu and Member of Parliament A Raja, questioning them their right to hold public office after their remarks against Sanatana Dharma.

“There may be ideological differences between the persons holding power, but their comments should have to be constructive, not destructive,” said Justice Anita Sumanth, pronouncing the order.

Whatever the ideology, persons holding Constitutional positions should not have made such statements. It shows their lack of understanding of Hinduism, the judge observed stating that the petitions are maintainable.

Minister Udayanidhi Stalin’s statement equating Sanatana Dharma to HIV, AIDS, Malaria and COVID-19 is against the constitutional mandate, the judge added.

Petitioners T Manohar, Kishore Kumar and VP Jayakumar, functionaries of Hindu Munnani, contended that by holding the post of MLA or Minister and MP, they violated the principles of fundamental duties enumerated in Article 51-A (c) (e) of the Constitution. Hence, the petitioners sought the court to issue show cause to the ministers and MP under what authority of law they are holding their respective posts as representatives of the people. Senior advocate P Wilson appeared for Udhayanidhi and contended that the petition was misconceived and not maintainable. Holding a political viewpoint cannot be a reason for disqualification, he argued.

Senior counsel TV Ramanujam, who appeared for the petitioner, termed A Raja’s impugned speech as hate speech as it hurts the majority people of the country. He further cited the Supreme Court’s order that if anyone is exercising free speech, he has to be cautious that it doesn’t hurt others. The counsel said no one has the right to eradicate any ideology and submitted that the quo warranto is maintainable.