AIADMK MLA K Pandiarajan, who is considered close to former chief minister Panneerselvam, has filed a petition in the apex court in which he has sought a direction for quashing Speaker P Dhanapal's decision rejecting the demand for a secret ballot to determine the outcome of the floor test.
Besides, the petitioner has also sought setting aside of all consequential actions including the February 18 resolution of the Assembly "expressing confidence in favour of council of ministers headed by Edappadi K Palaniswami, as the same are illegal, capricious, discriminatory and violative of the principle of 'secrecy' which is the essence of democracy, free and fair elections..."
Pandiarajan has alleged that the proceedings during the
February 18 vote were conducted in a "highly arbitrary and partisan manner, in utter violation of democratic norms and principles of natural justice".
Also Read
Pandiarajan has claimed that 122 MLAs belonging to AIADMK were "forcibly held" as "hostage" at the Golden Bay Resort from February 8 till right before the voting on February 18.
He said the "undue haste" with which the proceedings took place and "complete lack of transparency and propriety" shown by the Speaker in continuing with the voting process was "arbitrary, malafide, and ought to be quashed".
"The conduct of the Speaker is not only violative of freedom of expression of the MLAs but such a right has to be kept secret, more so in the circumstances under which such a vote was mandated, and thus deserves to be quashed and set aside, and a fresh vote through secret ballot be directed in order to ensure that the democratic principles are upheld," Pandiarajan's has said in the petition.
Pandiarajan said since the Governor has "not taken any steps" on the representation till date, he is "constrained to file the instant petition" in the apex court.
The petitioner has said that he has directly approached the apex court "without availing the jurisdiction of the High Court" as the issues raised in the petition "have a pan India ramification and require an authoritative pronouncement" by the highest court of the country.