CHENNAI : The 18 MLAs had created a situation for floor test. Their public speeches of dissent and disharmony were enough for the Assembly Speaker to draw an inference that they deserved disqualification, senior counsel C S Vaidyanathan told the third judge appointed by the Supreme Court to decide the issue.When the arguments on the PILs of the MLAs challenging their disqualification resumed before Justice M Sathyanarayanan on Monday, Vaidyanathan, representing Chief Minister Edappadi K Palaniswami, said that the dissenting MLAs had created a situation where the confidence of majority enjoyed by his client was put to doubt demanding a floor test. From this very act, an inference could be drawn by the Speaker to disqualify the legislators under the anti-defection law, he added.
They had approached the then Governor to resolve an intra-party issue, over which the then Governor had no power. The complaint lodged by the petitioners, their pleadings before the Speaker and before the High Court entirely relied on B S Yeddyurappa case. But, the then Chief Justice Indira Banerjee and Justice M Sundar, constituting the first bench, had passed a split verdict, not relying on the Yeddyurappa case, he pointed out.
Natural justice and fair play were the ratio laid down in the Yeddyurappa case, which would be fully applicable to the present case, where 21 days’ time was given for the petitioners to reply to the disqualification notice as against the mandatory seven days. It is true that originally 19 MLAs, including STK Jakkaiyan, were served with the notice. But, Jakkaiyan met the Governor and withdrew his complaint. The same was also informed to the Speaker in writing. Therefore, the Speaker was fully justified in sparing Jakkaiyan, based on the changed circumstances, Vaidyanathan said.
Concluding his submission, the 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 on Tuesday. Recording the same, the judge posted the plea to August 14 for further hearing.