CHENNAI: The Madras High Court on Tuesday reserved the orders on the petitions filed by AIADMK whip Agri SS Krishnamurthy challenging the Speaker’s decision to accept the resignation of six party MLAs who had cross-voted in favour of TVK during the voting on the confidence motion and later defected to the ruling party.
The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan reserved orders after arguments were completed in the petition against the acceptance of the resignations of AIADMK MLAs S Jayakumar, Maragatham Kumaravel, P Sathyabama, Isakki Subaya, C Vijaya Bhaskar and MR Vijayabaskar.
The main contentions of the petitioner, represented by senior counsel V Giri and SR Rajagopal, was that the resignations were a result of horse-trading and inducements and the Speaker had failed to conduct due inquiry. They said the Speaker’s decision suffers from ‘procedural impropriety and irrationality’ as he did not check the voluntariness and genuineness of the resignation as mandated under Article 190 (3) (b) of the Constitution.
Senior counsels CS Vaidyanathan and advocate general Vijay Narayan appeared for the Speaker and Assembly secretary. Vaidyanathan submitted that resignation and disqualification proceedings are two different aspects.
“An elected member (MLA) cannot be forced to continue in office if he wishes to resign from the post voluntarily,” he said, adding that the Speaker cannot inquire into the motive of resignation when the concerned MLA says he is doing it voluntarily.
Vijay Narayan submitted that political motive is beyond the scope of inquiry. Senior counsels Menaka Gurusamy and Satish Parasaran argued for respondent MLAs.
HC refuses to hear Esakki Subaya’s petition
Chennai: The counsel for Esakki Subaya informed the Madras High Court on Tuesday that he has submitted an application to the Speaker on August 28 for reinstating him as MLA of Ambasamudram until the bye-election, which has been stayed by the court, is held since the people are left without a representative.
The counsel also said Subaya chose to withdraw his resignation since court litigations have delayed the conduct of the bye-elections but the Speaker has not acted upon it. He said a petition in this regard has been filed in the court and wanted it to be taken for hearing but the court refused. ENS