In a setback to six DMDK legislators who were suspended from the Assembly for six months for “breach of privilege”, the Madras High Court on Wednesday dismissed their petitions challenging the suspension. Citing case precedents, Justice S Rajeswaran ruled that their suspension was beyond judicial review.
On February 8, participating in the Assembly proceedings, a rebel DMDK MLA, K Tamil Azhagan had said that his Thitakudi constituency had benefitted after he met the Chief Minister seeking developmental measures.
This led to sharp exchanges between him and six DMDK MLAs - party whip V C Chandrakumar (Erode East constituency), K Nallathambi (Egmore), D Murugesan (Chengalpattu), S Senthilkumar (Tiruverumbur), B Parthasarathy (Virugambakkam) and R Arulselvan (Mayiladuthurai).
Some MLAs allegedly attempted to attack Azhagan. Another rebel MLA Michael Rayappan, who came to his rescue, ended up being assaulted. The Assembly Speaker referred the issue to the Privileges Committee and acting on its report suspended the six MLAs for one year. Later the suspension period was halved on the Chief Minister’s suggestion.
The MLAs challenged the House proceedings terming them as being against principles of natural justice, irrational and violative of their statutory rights under the Tamil Nadu Payment of Salaries Act, 1951. The Privileges Committee did not seek their responses.
As per Assembly rules a MLA who was disqualified for 60 days would automatically be disqualified from the post permanently.
Hence their suspension was against constitutional provisions.
However, Justice Rajeswaran cited the Supreme Court’s order (Raja Ram Pal case) and the Madras High Court’s decision in the A K Bose and Vijayakant cases and held that “similar and identical situation prevails in the petitioners’ case.”
Further he said none of the contentions raised by the petitioners are acceptable and the parameters laid down in the above judgments for the exercise of the power of judicial review are not satisfied.
Hence the petitions were dismissed.
Reacting to the verdict, Chandrakumar said: “We will consult our party leader and take the next step. We have never lost confidence in the judiciary.” It is likely that the MLAs would seek a review in the Supreme Court since the Rajya Sabha biennial polls are slated on June 27.
