The six DMDK MLAs, who have been suspended from attending the Assembly for six months, have moved the Madras High Court challenging the suspension order dated March 25/26 last of the Speaker.
The writ petition from VC Chandira Kumar of Erode, party whip, and five others, came up before Justice S Rajeswaran on Wednesday.
The judge said that he heard (senior) counsel for the petitioners KM Vijayan. Advocate-General AL Somayaji appeared for the Secretary of the TN Legislative Assembly.
Since, nobody represented the Assembly Speaker, the second respondent in the petition, private notice has to be ordered by the senior counsel for the petitioners, the judge said, and posted the matter for further hearing on April 16.
Vijayan submitted that none of the petitioners were issued with notices of the alleged breach of privilege by the privilege committee before making an enquiry, investigation and submitting a report under Rule 229 of the TN Legislative assembly Rules. It was the well established principles of law that judicial review of privilege proceedings was available for non-compliance of natural justice principle. No MLA could be suspended for a period of more than the maximum of 60 days. Otherwise, he would automatically become disqualified to be an MLA.