The six DMDK MLAs who were suspended for six months by the TN Assembly, shall be permitted to exercise their franchise in the June 27 Rajya Sabha elections, the Madras High Court said on Monday.
Following a submission from Advocate-General A L Somayaji to the effect that there would not be any impediment to the petitioners participating in the election since the Election Commission on May 15 this year had issued a notification in this connection, the first bench comprising acting Chief Justice R K Agrawal and Justice M Sathyanarayanan granted the permission on Monday.
Originally VC Chandira Kumar and five other suspended DMDK MLAs filed a writ petition to set aside the suspension orders. Justice S Rajeswaran, by an order dated June 5 this year, dismissed the writ petition. In his order, the judge had also made a mention that they were not entitled to participate in the RS elections.
Aggrieved, the MLAs preferred the present appeal.
Arguing on the miscellaneous petition, senior advocate K M Vijayan produced a copy of the notification of the Election Commission issued on May 15 last before the bench, on June 18.
There was no bar for the suspended MLAs to cast their votes in the Rajya Sabha elections in view of the notification, Vijayan argued. When the matter came up on Monday, the AG endorsed the same.