CHENNAI: Even as the high decibel verbal duel over Sanatana Dharma seems to be dying slowly, the office-bearers of Hindu Munnani have filed three petitions in the Madras High Court questioning the continuance of ministers Udhayanidhi Stalin and PK Sekarbabu and Lok Sabha member A Raja in their official positions.
The petitions seeking quo warranto orders were filed by Kishore Kumar, VP Jayakumar and T Manohar alleging the ministers, who are supposed to be secular, took part in a meeting against Sanatana Dharma. Claiming that the ministers and the MP have acted against the oath they have taken to discharge their duties without fear or favour, the petitioners claimed, “... as such, they have lost the qualification not only to be a minister but also as an MLA/MP.”
Referring to Udhayanidhi’s purported speech at a conference on eradicating Sanatana Dharma, the petition against him said, “His speech using demeaning words against another faith would certainly attract criminal offence under sections 153 A (promoting enmity between two groups), 505 (ii) (statements creating enmity) and 295 (A) (Deliberate and malicious acts intended to outrage religious feelings).”
It further said he has also violated the principles of fundamental duties enumerated in Article 51-A (c) (e) of the Constitution. The petitioners wanted the court to issue a writ of quo waranto asking them to show cause as to under what authority of law they are holding on to continue in the public office.
When the petitions came up for hearing before Justice Anita Sumanth, senior advocate P Wilson, appearing for Udayanidhi Stalin, contended that the writ petition against him is ‘misconceived and not maintainable’.
The prayer for quo warranto is maintainable only if writ petitioner proves that there is violation with regard to appointment to the public office or any disqualification. In this case, no such disqualification is attracted, he said, and added that holding a political view point cannot be a disqualification. Subsequently, the judge directed the petitioners to file material evidences of the speech and posted the matter to October 11.