CHENNAI: Thanga Thamizhselvan, one of the 18 MLAs disqualified by Tamil Nadu Speaker P Dhanapal, said he would decide whether to file a petition withdrawing his case before the Bench comprising Chief Justice Indira Banerjee and Justice M Sundar or before the third judge, on Monday.
Thamizhselvan’s decision to withdraw his petition challenging the disqualification has caused much angst among functionaries of Amma Makkal Munnetra Kazhagam (AMMK), led by RK Nagar MLA TTV Dhinakaran.
Thamizhselvan’s move comes days after the HC gave a split verdict on the legal validity of the disqualification. If his petition is withdrawn, a bypoll can be called for at his Andipatti constituency. “He is being misguided. This move is likely to affect the petitions of the other MLAs. First, he can only make a request to withdraw his petition. It is up to the court to decide.
Second, what is the guarantee that the bypoll will be held within six months? The third judge’s verdict may come by then and fighting it legally is the wise move,” a senior AMMK leader told Express, adding that Thamizhselvan may have taken the decision out of anxiety of being unable to attend to his constituency’s needs.
Another functionary requested Thamizhselvan to reconsider. “Decision to withdraw the petition should be taken by all disqualified MLAs. Instead, unilateral announcement will send a wrong message which might cause the party leadership embarrassment,” the functionary added.
Interestingly, Dhinakaran has gone on the record to saying that Thanga Thamizhselvan had revealed his mind at the July 14 meeting at his residence and that he had advised Thamizhselvan to submit his requisition for withdrawal of petition before the third judge. Dhinakaran had also said the 17 other MLAs were of the view that they should continue their legal battle.
Thamizhselvan told Express that he had the right to withdraw his petition. “There is a possibility that the third judge may agree with the Chief Justice (upholding the disqualification). In such a situation, we have to move the Supreme Court and it would be a time-consuming. Till then, my constituency will have no representative,” he said.
Political analyst Tharasu Shyam told Express that at this stage it was doubtful if the third judge would agree to allow one petitioner to withdraw his petition.