CHENNAI: Tamil Nadu Chief Minister Edappadi Palaniswami submitted today in the Madras High Court that the 18 disqualified AIADMK MLAs had created a situation where the confidence of majority enjoyed by him was put to doubt demanding a floor test.
The Assembly speaker can draw an inference from this very act to disqualify the legislators under the anti-defection law, senior counsel for Palaniswami submitted before Justice M Sathyanarayan.
He made the submission during a hearing of the pleas challenging disqualification of the MLAs loyal to side-lined leader T T V Dhinakaran by the speaker on September 18 last.
"You create a situation for a floor test. Your public articulation of dissent and disharmony is sufficient ground to draw inference by the speaker that you have voluntarily relinquished party membership," senior counsel C S Vaidyanathan said.
It is true that originally, the notice was issued under the anti-defection law to 19 MLAs including STK Jakkaiyan.
Though notice was served to him under disqualification proceedings, he withdrew his complaint made to the governor.
Therefore, the speaker was fully justified in sparing Jakkaiyan from disqualification based on the changed circumstances, Vaidyanathan said.
Concluding his submission, counsel informed the court that senior counsel and former attorney general of India Mukul Rohatgi would submit his arguments on behalf of the ruling party whip tomorrow.
Recording the submission, the judge posted the plea to August 14 for further 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 petitions on June 14.
The 18 AIADMKA MLAs were disqualified on September 18 last year under the anti-defection law after they met the governor and expressed a loss of confidence in Palaniswami.
In view of the split verdict with the CJ upholding the disqualification and Justice Sundar setting it aside, earlier 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.