On February 20, the DMK had moved the high court seeking declaration of the confidence vote null and void as it was conducted in "contravention" of the Assembly rules.
The First Bench comprising Acting Chief Justice Huluvadi G Ramesh and Justice R Mahadevan also asked the DMK's counsel, R Shanmugasundaram, in what way the party was aggrieved in the matter.
On being asked what made the DMK to move such a plea when the issue was only between former chief minister O Panneerselvam and the incumbent Edappadi K Palaniswami, the counsel said the DMK is the main opposition in the Assembly.
Also all the DMK legislators were "illegally evicted from the House when they sought for a secret ballot", the counsel submitted.
N L Rajah, appearing on behalf of the Advocates Forum For Social Justice, which also wanted the trust vote to be declared null and void, contended that all the MLAs of AIADMK, who were kept in a resort before the trust vote, were escorted to the Assembly in buses "which clearly showed that they were kept in illegal detention".
The bench adjourned the case till February 27 for further hearing after the arguments.
Palaniswami had won the trust vote 122-11 in the 234-member Assembly aided by the eviction of MLAs of the DMK and a walkout by its allies, amid stormy scenes during which mikes were uprooted, chairs toppled and sheets of papers torn.
(REOPENS LGM 1)
Meanwhile, a PIL filed in the Madras High Court bench in Madurai seeking a fresh floor test by the Palaniswami government through 'secret' voting was today transferred to the court's principal seat.
The petitioner alleged that on February 18 Speaker Dhanapal had supported the chief minister, rejected a plea for secret voting and ordered eviction of all DMK MLAs.
He sought a direction from the court to set aside the declaration the voting result as illegal and order a fresh vote with secret ballot.
The petitioner claimed that most of the AIADMK MLAs would have supported Panneerselvam had the secret ballot system been adopted. The MLAs would have voted without fear of any threat.
The MLAs were treated like cattle, and one MLA was not even allowed to participate in the funeral of his mother, he claimed.
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