Contrary to their stand, an affidavit had been filed before the Election Commission stating that a whip was issued, the DMK claimed during the resumed hearing of its petition seeking disqualification of Panneerselvam, then a rebel leader, and 10 other MLAs for voting against Palaniswami.
The submission was made before first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose.
Producing a copy of the affidavit, filed during the pendency of the dispute between two factions of the party, he said "it is clearly submitted that a whip was issued to vote in favour of the chief minister's motion of confidence and that the 11 MLAs publicly opposed the candidature of Palaniswamy as chief minister".
The ruling party along with the deputy chief minister had "committed contempt of court by making contrary submission before this court", he claimed.
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Sharan said so far the counsel for the chief minister had made submissions that the party whip had never issued any direction in connection with the trust vote.
Countering the ruling party's argument that disqualification proceedings were not taken up against Panneerselvam and others in view of the pending dispute before the EC, he said it would not bar the Assembly Speaker from initiating action against the MLAs.
"When we allege mala fide against the Speaker, only he can deny the allegation, and not by any third party on his behalf," he submitted.
Sharan further said all the actions and decisions of the Speaker can be judicially reviewed.
To this, the court said they might review the actions of the speaker, but cannot don the role of a Speaker.
The arguments would continue tomorrow.
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