TN Speaker defends decision in not disqualifying Jakkaiyan

Defending his decision in sparing AIADMK MLA STK Jakkaiyan from disqualification before the Madras High Court, Tamil Nadu Assembly Speaker P Dhanapal today claimed that anti-defection law does not apply to a member the moment he or she assure allegiance to their party.

"The cases of 18 disqualified MLAs and Jakkaiyan are not identical. Though notice was served to him under disqualification proceedings, he withdrew his complaint made to the governor.

Further he stated in writing that he does not want to get into the allegations made by the 18 MLAs against the chief minister," Aryama Sundram, senior counsel for the Speaker, said.

He was continuing his submissions before Justice M Sathyanarayanan during the hearing of the pleas challenging the disqualification of the MLAs loyal to sidelined leader T T V Dhinakaran by the speaker on September 18 last year.

"...Action under schedule ten of the Constitution is not a retribution, as per the schedule anti-defection law attracts only when a member of a party defies, the moment he confirms loyalty to his party, he cannot be disqualified," the counsel said.

"This apart, the initial situation that existed while issuing notice under anti-defection law against the 19 MLAs does not exist now in the case of Jakkaiyan," he said.

As to the allegations of natural justice and denial of permission to cross examine the chief minister, Sundaram said, "Law mandates to give only seven days time to reply for such notice but the speaker gave 21 days.

"Even after that they refused to appear, only one among the 18 appeared that too to seek adjournment."