Two days after DMK members were suspended en masse from the Assembly, Leader of the Opposition and party treasurer M K Stalin today moved the Madras High Court, seeking quashing of the Speaker's decision.
He assailed the action as abuse of power and wanted Rule 121 of the Assembly to be struck down as unconstitutional.
Stalin sought an interim direction permitting DMK members to participate in the House proceedings by staying the August 17 Assembly resolution based on which they were suspended under Rule 121 by the Speaker P Dhanapal.
In his PIL, Stalin submitted that a direction be issued declaring the House resolution as illegal, arbitrary and said Rule 121 of Tamil Nadu Legislative Assembly Rules be struck down as unconstitutional.
Assailing the action of the Speaker as 'abuse of power', he said it was open to judicial scrutiny.
Dhanapal had yesterday refused to revoke the en masse suspension of 80 DMK members for a week for allegedly creating a ruckus in the House.
The suspended members had staged a protest outside the House and their colleagues inside had twice staged a walkout over the issue. They continued the protest today also.
Stalin said Rule 121 is "ex-facie unconstitutional," as it provides for grave punishment of suspension without providing an opportunity to an MLA of being heard.
Submitting that the rule was not "saved by the doctrine of necessity", he said, "The suspension is not merely for a sitting ...(This) privilege was not even available to the British House of Commons." Hence, the same was beyond the scope of Article 194 of the Constitution, he contended.
He said the power of suspension was exercised with "gross disregard" for constitutional and legislative conventions to practically disable the entire opposition from participating in House proceedings.
"The impugned actions constitute a naked affront to the principles of democracy which is part of the basic structure of the Constitution of India," he submitted.
Alleging that the dtate government adopted tactics to stifle the voice of opposition in the Assembly, Stalin said it undermined democracy.
He claimed that the "event appears to be an elaborate charade, pre-conceivedand designed to deprive members of DMK to engage in proceedings in the forthcoming week".
The DMK leader said that during the period, the House agenda includes passing of vital bills and budget proposals.
Senior advocates Mohan Parasaran and N R Elango mentioned the matter before the First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan seeking an urgent hearing.
The court, however, said the matter would be heard in regular course and directed them to file their petition.
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