Eighteen disqualified MLAs loyal to sidelined AIADMK leader TTV Dhinakaran today contended in the Madras High Court that the Assembly speaker's order against them was biased, discriminatory and against natural justice.
The submission was made by senior lawyer Abhishek Manu Singhvi before Justice K Ravichandra Baabu during resumed arguments on a batch of petitions, including those by the 18 challenging their disqualification under the anti-defection law by Speaker P Dhanapal on September 18.
The judge is also hearing a petition by the DMK seeking a floor test of the K Palaniswami government in view of 18 MLAs loyal to Dhinakaran withdrawing their support to the chief minister on August 22.
Another petition by DMK whip R Sakrapani seeking disqualification of Deputy Chief Minister O Panneerselvam and 10 other AIADMK MLAs for voting against the Palaniswami government in February is also pending before the court.
When the matter came up for hearing today, the judge said he would first hear petitions challenging the disqualification of the 18 MLAs and then take up the DMK whip's plea. The floor test plea by the DMK would be considered thereafter.
Last month, the court had stayed till further orders floor test for the Palaniswami government.
Representing the disqualified MLAs, Singhvi said the action of disqualification was premeditated and based on the chief whip's complaint that all 18 legislators had given up the membership of the party voluntarily.
But, the chief whip's complaint was based on the copy of a representation given to the state governor by the petitioners and the whole representation was also not cited, he argued.
He further submitted that there was not even a mention by the MLAs that they were against the party. They had made allegations of nepotism and corruption against the chief minister.
Contending that the order of the speaker was biased, discriminatory and against "natural justice and fairness", Singvi submitted that the Panneerselvam group which voted against Palaniswami, violating the ruling party's whip was not even served with show cause notice till date.
On the contrary, the speaker acted at an amazing speed in passing orders on the plea by the government whip for disqualifying the 18 MLAs, he said.
Also, he submitted that the impugned order of disqualification was published in the press and gazette two days before it was delivered to the disqualified MLAs.
Assailing the order of disqualification as perverse and malafide, Singhvi alleged no opportunity was given to the MLAs to explain their position.
Recording the submissions, the judge posted the plea to October 9 for further hearing and said the September 20 interim order barring floor test in the assembly would continue.
He issued notice to the respondents on the petition filed by the DMK whip and posted it to October 12.
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