The Kerala High Court on Monday quashed an order of State Assembly Speaker N Sakthan disqualifying PC George, former rebel leader of the Kerala Congress (M), third biggest constituent of the Congress-led ruling UDF, as MlA without considering the letter of resignation he had submitted a day before his disqualification.
Stating that the Speaker’s order disqualifying George even after he had tendered his resignation was not in accordance with rules, Justice V Chitambaresh of the High Court said Speaker should have considered the resignation application. The judge said Speaker Sakthan could reconsider George’s letter of resignation after hearing him.
Observers say that the High Court order is in effect a setback for the Congress-led UDF Government, especially in the context of the upcoming Assembly election. “Allegations have already come up to the effect that the Speaker had acted with political interest in the issue of George’s disqualification,” said a senior lawyer of the High Court.
The court passed the order on a petition filed by George challenging the Speaker's order and pointing out the technical errors in it. George, former vice-chairman of the KC(M), was the chief whip of the UDF Government till April last year when he was ousted from that position after he fell out with party chairman KM Mani over the corruption charges against the latter.
“Truth has triumphed,” was the joyful response of George to the court order. “As my disqualification has been revoked and as the Speaker has not accepted my resignation, I am still an MlA,” George, who was elected to the Assembly from Poonjar, said. As per reports, George is likely to contest in the coming election from Poonjar with the support of CPI(M)-led lDF.
Speaker Sakthan, a Congress leader, had issued the order on November 13 on the basis of a petition filed by Government Chief Whip Thomas Unnyadan of the KC(M) seeking George’s disqualification alleging that he had violated party discipline, indulged in anti-party activities and fielded own candidate against the UDF nominee in an Assembly by-poll held last June.
Sakthan had disqualified George as per the Anti-Defection law with retrospective effect from June 3 till the end of the current Assembly's tenure but ruled that all his actions as MlA till the previous day were acceptable and that the benefits he had received till that day would not be recovered. George said in his plea that this was contradictory.
The Speaker had decided to disqualify George allegedly after examining records relating to his claim that he had given up his membership in the KC(M), that he was reviving his old party, Kerala Congress (S), and the allegation that he had fielded own candidate in the Aruvikkara Assembly by-poll against the UDF’s nominee.
During the hearing of Unnyadan's petition, several legislators including Chief Minister Oommen Chandy had deposed before the Speaker. George had announced his decision to resign as MlA on November 10, a few hours before KM Mani resigned as Finance minister over the charge of taking Rs 1-crore bribe from bar owners.
According to the Speaker, the letter of resignation submitted by George was irrelevant as his disqualification was with retrospective effect. This also invited the flak of the High Court. George, who used to be known as Chandy's personal troubleshooter once, became an enemy of the UDF after he began criticizing the Chief Minister and Mani openly.
Speaker Sakthan was accused of siding with the UDF after he refused to take action against the Congress MlAs who had allegedly physically and verbally harassed some woman legislators of the left during a ruckus in the Assembly on March 13, 2015 while he allowed initiation of criminal cases against several lDF MlAs who had indulged in acts of vandalism.