SC to hear on May 6 plea of AIADMK MLA facing disqualification notice

The Supreme Court agreed to hear on May 6, a plea of an AIADMK MLA V T Kalaiselvan who has been served a notice by Tamil Nadu assembly speaker for indulging in "anti-party activities" under the Anti-defection law.

A bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta said that it will hear the plea on next Monday.

Senior advocate Kapil Sibal, appearing for Kalaiselvan said the speaker has served him a notice under anti-defection law and the matter requires urgent hearing as he will disqualify him for alleged anti-party activities.

Sibal said assembly speaker should be restrained from taking any action on the notice.

Kalaiselvan in his petition has told the apex court that direction needs to be passed prohibiting the speaker from acting without jurisdiction and to adjudicate the disqualification petition during the pendency of no-confidence motion against him.

"It is submitted that the actions of the Respondent number-1 (speaker) in the last two years speaks volumes of his partisan and biased conduct and has reasonable apprehension that the respondent number-1 would not be following the dictum of law laid down and would act without jurisdiction to adjudicate and decide the disqualification petition", Kalaiselvan plea said.

He further said that the action of the speaker is without jurisdiction, arbitrary and actuated with malice.

"The action of Respondent-1 is violative of fundamental right of petitioner under Article 14, 19 (1) (a) and is likely to hamper the right of free speech and expression of the petitioner," the plea said.

The MLA said that just when the election result of the by-election to 22 assembly seats are due to be announced on May 23, the action taken by speaker to initiate disqualification proceedings against him "smacks of biased and partisan attitude".

On April 30, A Prabhu (Kallakurichi), Kalaiselvan (Vriddhachalam)and E Rathinasabapathy (Aranthangi) were served the notices by the assembly speaker P Dhanapal, seeking an explanation for allegedly siding with Amma Makkal Munnetra Kazhagam (AMMK) leader TTV Dhinakaran.