VCK general secretary and Villupuram MP D Ravikumar on Friday opposed any move to appoint the breakaway AIADMK legislators as ministers in the Vijay-led TVK government, saying such a step would raise “serious questions of political morality and ethical propriety.”
In a statement posted on X, Ravikumar said AIADMK general secretary Edappadi K Palaniswami had the authority to appoint the party whip and that the whip’s directions were binding on all MLAs elected on the party ticket.
Referring to the May 13 trust vote in the Tamil Nadu Assembly, he said the 25 AIADMK MLAs who voted in favour of the TVK government despite the party whip could face disqualification proceedings under the Tenth Schedule of the Constitution.
Ravikumar cited the Supreme Court’s ruling in the Subhash Desai vs State of Maharashtra case, which held that the political party, and not the legislature party, has the authority to appoint the whip and leader in the House.
“The whip issued by the AIADMK leadership was binding upon all members elected on the party ticket. Any MLA who defies such a whip is liable to face disqualification proceedings under Paragraph 2 of the Tenth Schedule,” he said.
His remarks came amid reports that Chief Minister Vijay was considering inducting some members of the rebel AIADMK faction into the ministry. Ravikumar said there was no immediate constitutional prohibition against such appointments unless the MLAs were formally disqualified.
Quoting Supreme Court observations, he said Article 164(1-B) bars a legislator from becoming a minister only after disqualification under the anti-defection law takes effect.
“From a strictly legal standpoint, the appointment of such MLAs as ministers may be permissible until disqualification is actually incurred. However, legality alone cannot be the sole test in matters affecting constitutional morality and democratic ethics,” he said.
The VCK leader added that if the government intended to induct the rebel legislators into the ministry, the “constitutionally cleaner course” would be for them to resign their seats, formally join the TVK and seek a fresh mandate through by-elections.
During the Assembly confidence motion debate, Palaniswami had accused the ruling side of attempting to split the AIADMK legislature party through “horse-trading.” He also alleged that the rival faction supported the TVK government due to the “lure” of ministerial berths, a charge denied by the rebel MLAs.
The 25 rebel AIADMK legislators voted in favour of the TVK government during the trust vote, helping the ruling alliance secure 144 votes in the 234-member Assembly, well above the majority mark of 118.
The VCK, along with Left parties and the IUML, has extended support to the TVK government.
“Ultimately, the decisive question is political rather than legal. Will the people accept such defections and re-elect those MLAs under a different party banner? That alone will test the legitimacy of such a political course,” Ravikumar said.
(With inputs from PTI)
