CHENNAI: Following the decision of 18 disqualified MLAs to challenge the verdict of the Madras High Court before the Supreme Court, the AIADMK on Friday expressed confidence that the SC too would uphold the disqualification as it was a straight case without any complicated legal aspects. However, political analyst Tharasu Shyam is of the view that Dhinakaran and the disqualified MLAs have made a shrewd move to go for an appeal before the Supreme Court (SC).
AIADMK spokesperson Babu Murugavel said that “Assembly Speaker P Dhanapal had acted as per the Constitution and had disqualified the MLAs under Tenth Schedule. The case does not involve complicated legal issues. As such, the SC too will uphold the disqualification.”
But Tharasu Shyam says the disqualified MLAs are likely to make certain key prayers before the SC. Besides, the third judge had said that he took an independent view of the entire issue and this itself was not in accordance with the law. “Either he has to concur or disagree with the verdict of the then Chief Justice Indira Banerjee or that of Justice M Sundar. Besides, the third judge was appointed by the SC to fix which of the two judgments was correct. So, the disqualified MLAs will raise this point.”
Asked about the disqualified MLAs’ decision to pray for an early judgment, Shyam said the SC might not give such an assurance. On the other hand, the disqualified MLAs might seek a direction from the SC that their nominations should not be rejected, in case, the by-elections are held pending disposal of the appeals. Shyam also said by-elections cannot be stayed until the disposal of appeals to be filed by the disqualified MLAs.