"The first respondent (the Speaker) has chosen to stay away from the proceedings," the First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan said in an order on petitions filed by Leader of Opposition in the Assembly M K Stalin of DMK and another MLA.
The bench directed the counsel who appeared on behalf of the Assembly Secretary, to file a counter-affidavit within four weeks and gave two weeks time to Stalin to file his rejoinder to it.
On August 17, a total of 79 MLAs of DMK were suspended for a week for disrupting the Assembly proceedings.
The petitions have challenged their en masse suspension and sought a direction declaring all proceedings and actions taken as illegal, ultra vires and unconstitutional.
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