TN Assembly Speaker disqualifies 18 TTV Dhinakaran faction legislators

Chennai: The Tamil Nadu Assembly Speaker P. Dhanapal on Monday disqualified 18 MLAs supporting rebel leader TTV Dhinakaran for withdrawing their support to Chief Minister Edappadi K. Palaniswami and going against the “line of the ruling AIADMK”.

The Speaker’s decision brings down the strength of the 234-member Assembly to 214 and the magic number for a majority down to 108 from 118, which might enable the Edappadi K. Palaniswami government to prove its strength on the floor of the House.

As per the last count on September 5, the Chief Minister’s camp has the support of 114 MLAs as 111 of them turned up at a meeting and three others registered their presence over phone.

The Tamil Nadu Assembly has 19 seats vacant as of now , including RK Nagar which is vacant since the late chief minister J Jayalalithaa’s death in December last year.

A floor test cannot take place till Wednesday as per a directive from the Madras High Court. Almost a month after the rebel group MLAs had submitted a letter to the acting Governor, CH Vidyasagar Rao, stating the withdrawal of their support to the Chief Minister, Speaker Dhanapal issued a statement in which he said the legislators were disqualified under The Members of the Tamil Nadu Legislative Assembly (Disqualification On Ground of Defection) Rules, 1986.

The MLAs who were disqualified include P Vetrivel and Thanga Tamilselvan, the most vocal supporters of Dhinakaran, whose appointment as deputy general secretary and reinduction into the party was struck down by the General Council last week. A majority of the disqualified legislators are staying at a private resort in Karnataka’s Kodagu district.

The move was expected since the Speaker had sent them notices seeking their reply on why they should not be disqualified for going against the party line on August 24. Dhanapal had acted on a petition filed by Chief Whip S Rajendran who sought their disqualification for expressing “no confidence” against the Chief Minister. The move by Dhanapal may clear some of the uncertainty for now, but the rival Dhinakaran camp has vowed to “take the fight right up to the Supreme Court.”

Legal experts were divided on their opinion with majority of them saying any decision by the Speaker is subject to judicial review. They also referred to the Supreme Court cancelling disqualification of 16 MLAs by the then Karnataka Speaker in October 2010. They also said the “sky-high” powers of the Speaker are limited to his/her actions on the floor of the House and inside the Assembly.

Immediately after the move was made public, Dhinakaran accused the Speaker and Government of trying to prove majority through “unfair means.” “It is always justice that prevails at the end. We will definitely seek legal course and ensure that our legislators participate in the voting as and when it happens. They will vote against this Government,” Dhinakaran said.

However, Fisheries Minister and EPS-OPS loyalist D Jayakumar said the Speaker has acted “democratically” and has gone by the rule book. “I am not supposed to comment on the Speaker's decision or action. His decision is final and moreover this matter is in court. If I talk about it, it will be sub-judice,” he told reporters in New Delhi.

The Opposition also hit out against the Speaker's decision calling it most unfortunate. “The disqualification has been done deliberately to reduce the strength of the house. We will challenge the decision at two places - courts and people's court,” Opposition Leader MK Stalin said.