Chennai: The Madras High Court on Tuesday upheld the Tamil Nadu Legislative Assembly Speaker JCD Prabhakar’s decision to accept the resignations of six AIADMK MLAs, all of whom later joined the ruling TVK. However, the court said the proceedings on a representation seeking their disqualification for defying the AIADMK whip and voting in favour of the Motion of Confidence moved by Chief Minister C Joseph Vijay in May, shall continue.
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The AIADMK whip Agri S S Krishnamurthy had moved the court challenging the Speaker’s decision to accept the resignation of six party MLAs during May and June this year. Two of them – Maragatham Kumaravel and Sathyabam – were last week re-elected to the Assembly on a TVK ticket.
A Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan held that he resignations tendered by the six MLAs were genuine and voluntary and in line with the provisions under Schedule X of the Constitution. The Speaker, the judges said, was not required to conduct a roving or a detailed inquiry to ascertain motives for their resignations. In any case, the Speaker had conduct a limited inquiry to ascertain if the resignations were genuine and voluntary.
The court, however, said despite the acceptance of their resignations, the disqualification proceedings initiated against them could continue as they were distinct constitutional process. The Speaker was competent to accept the resignations notwithstanding the pending disqualification proceedings.
“The Speaker can still finally adjudicate and decide the disqualification proceedings and such determination shall carry the consequences as described under Schedule X of the Constitution,” the Bench said. The court directed the Speaker to conclude the disqualification proceedings within two months.
