The Madras High Court today posted the case relating to the disqualification of 18 AIADMK legislators, owing allegiance to rebel leader T T V Dhinakaran, for final hearing on Thursday.
When the plea came up before Justice M Sathyanarayanan, senior counsel for the disqualified MLAs, P S Raman, submitted that when the governor refrained from action on the complaint made by the MLAs stating that the issue is an inter-party issue, it cannot attract disqualification.
Moreover, for action under Schedule 10 of the Constitution, important ingredients like a violation of the order issued by the whip, voluntary giving up of party membership and joining another political party are mandatory which are all absent in the present case, he submitted.
Honest dissent by members cannot be construed as voluntarily giving up party membership, in the present case the petitioners have not given any resignation or have joined another political party, particularly the DMK, which is a primary ground for disqualification, the senior counsel said.
The counsel said in all the disqualification cases upheld by the apex court, the members have joined another political party with contrasting political ideology of their mother party, he said.
Raman further alleged that the anti-defection law was being used against members who dissent against a leader supported by a group.
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Recording the submission, Justice M Sathyanarayanan posted the plea to Thursday for final hearing.
Justice Sathyanarayanan is hearing the pleas after a bench of Chief Justice Indira Banerjee and Justice M Sundar gave a split verdict on the matter on June 14.
The 18 AIADMK MLAs were disqualified on September 18 last year under the anti-defection law after they met the Governor and expressed loss of confidence in Palaniswami.
In view of the split verdict with Chief Justice Indira Banerjee upholding the disqualification and Justice Sundar setting it aside, Justice S Vimala was appointed to hear the petitions afresh.
However, the apex court named Justice Sathyanarayanan while declining to accept a prayer of the disqualified MLAs who raised apprehension of "bias" and sought to transfer the matter to the apex court.