CHENNAI: Defending the disqualification of 18 MLAs in Madras High Court, the Assembly Speaker said their meeting the Governor to change the Chief Minister was contrary to the law and a valid ground for disqualification.
Law is very clear that they cannot approach the Governor for a change of CM. The apex court in 2016 clearly said that legislators cannot approach the Governor with such a demand, which meant that their act was contrary to law, senior counsel Aryama Sundaram said on behalf of Speaker P Dhanpal.
“They claim that they met the Governor only after intra-party mechanism failed to redress their grievance, which means that they left the party,” Sundaram said.
On the Speaker violating principles of natural justice by denying them permission to cross-examine Chief Minister Eddapadi K Palaniswami and the party whip, Sundaram said, “Instead of appearing before the Speaker and produce evidence in support of their claims, they wanted to prove their case by cross-examining the Chief Minister and the Whip. They demanded it as a matter of right to assert their claim, which cannot be permitted.”
Justice M Sundar in his order has observed that by going to the Governor they had approached the ‘wrong forum.’ But, ignorance of the law cannot be excused even in case of the common citizen and here the petitioners are law-makers, I presume that they know the law, Sundaram added.
Later, senior counsel CS Vaidyanathan commenced his arguments on behalf of the Chief Minister.
Recording the submission, the Supreme Court-appointed third judge Justice M Sathyanarayanan adjourned the hearing to August 7.