MLAs disqualification: AIADMK govt safe as HC gives split

In a huge relief to the AIADMK government, the Madras High Court today gave a split verdict on petitions challenging the disqualification of 18 MLAs loyal to sidelined party leader TTV Dhinakaran, a ruling that would maintain status quo in the corridors of power in Tamil Nadu.

A division bench of Chief Justice Indira Banerjee and Justice M Sundar delivered divergent verdicts on whether the 18 MLAs deserved to be disqualified under the anti-defection law by Speaker P Dhanapal on September 18 last year for approaching the Governor and seeking the removal of Chief Minister K Palaniswami.

The court ruled that the senior-most judge after the chief justice would now hand-pick a judge who will hear the matter afresh.

In her 200-page order, the chief justice upheld the Speaker's decision, saying "In my opinion, the view taken by the Speaker is a possible, if not plausible view, and I am unable to hold that the said decision is any way unreasonable, irrational or perverse."
Citing a Supreme Court judgment by Justice V RKrishna Iyer, he said, "When exercise of power by the custodian of the power was for reasons outside the scope and purpose of the vesting of the power, the order deserved to be dislodged."