Support to Sasi, TTV cited as reason for expulsion

Noting the disqualified legislators’ decision to support VK Sasikala and TTV Dinakaran as a key violation, Speaker Dhanapal stated that the dissident MLAs were also aggrieved by O Panneerselvam and K Pandiarajan being inducted into the Cabinet which clearly pointed that the lot had moved away from the party ideals, while passing orders on their disqualification, which was also published in the gazette on Monday. 

“Withdrawal of support to the Chief Minister Edappadi K Palaniswami by the said MLAs is an act of voluntarily giving up the membership of the AIADMK party and the respondents, by acting against the decision of the Legislative Party have in fact gone away from the party ideals. Therefore, deemed to have voluntarily given up their membership of the party.” 

Dhanapal said the Tenth Schedule of the Constitution provides for invocation of proceedings in two scenarios one being after the vote and another being voluntarily giving up the membership-which could happen due to any incident outside the House as well. Therefore, he had jurisdiction over the instance of withdrawing support to the Chief Minster Edappadi K Palaniswami from  the Governor. 

As for the dissidents’ claim of non-maintainability of the petition filed by Chief Government Whip S Rajendiran, the Speaker said that preferring a petition invoking the defection rules was not just limited to the Whip but any member of the present Legislative Assembly. 

“Since disqualification has been sought under section 2(1)(a) of the Tenth Schedule, elaborate recording of evidence is not required more particularly when the uncontroverted fact is that the Respondents had submitted a letter to the Governor mentioning that they lack confidence in Chief Minster and sought intervention and institution of Constitutional process,” the orders read. 

The orders cite the dissidents refraining from the recently held General Council meeting among others as reason for the dissidents to have gone astray from the party ideology while one of them having approached the Madras High Court seeking an interim injunction against the meeting. 

The Speaker, in his orders, stated that he was guided by the principle of natural justice, reasonableness and fair play. “I had also permitted the respondents 7 days’ time to file further comments if they choose to do so. I had also indicated that in the event if they failed to appear in person, it would be presumed that they have nothing further to offer on the issue and that a decision would be taken based on the available records”. 

In his conclusion, Dhanapal observed that the lot had voluntarily given up their membership of their political party and are therefore disqualified as a Member of the House.