An appeal filed by the DMK in the Supreme Court challenging the Madras High Court verdict that refused to disqualify 12 AIADMK MLAs under the provision of the anti-defection law could seal the fate of the Edappadi Palaniswamy Government in Tamil Nadu. It is reported that the apex court would soon start hearing the appeal.
There is a feeling even in the AIADMK that the State may soon see a change of Government through a mini mid-term election to the legislative Assembly along with the Lok Sabha election.
The Legislative Assembly has an effective strength of 234 but 21 seats have become vacant following disqualification of 19 AIADMK MLAs and demise of two sitting members. If the Supreme Court decides in favour of the DMK petition, 12 AIADMK MLAs including deputy Chief Minister O Panneerselvam stand to lose their membership in the House making the total number of vacant seats to 33.
Though the Election Commission of India announced that bypoll from Thiruvarur Assembly constituency would be held on January 28, it later rescinded the poll due to requests from various political parties and the State Government which sited that the relief and rehabilitation works in the constituency would come to a standstill if by-poll was held at this juncture. Thiruvarur has been devastated by Cyclone Gaja in November last year and the district is yet to get over the after effects.
Since the Madras High Court is hearing the petition filed by the losing DMK candidate, bypoll in Thiruparankundram constituency could be held only after the verdict is delivered. Balakrishna Reddy, Minister for sports development, lost his membership in the House recently as a Special Court sentenced him to three years imprisonment in a riot case. The Speaker had disqualified 18 rebel MLAs owing allegiance to TTV Dhinakaran, leader of the AMMK for representing to the Governor that they were withdrawing support to the Edappadi Palaniswamy Government.
Now, the scene of action has shifted to the Supreme Court, where the DMK’s petition is coming for hearing soon. The petitioners contented that Panneerselvam and 11 of his loyalist MLAs had voted against the Edappadi Palaniswamy Government during a trust motion in February 2017 violating a whip issued by the AIADMK. Despite the request made by the DMK, the Speaker did not disqualify Panneerselvam and the 11 MLAs.
The Madras High Court had in April 2018 dismissed the DMK petition stating that asking the Speaker to disqualify the MLAs would amount to judicial overreach and encroaching upon the powers of the legislature. But the court told the petitioners that they were free to approach the Supreme Court against the ruling.