Madras HC delivers split decision on disqualification of 18 AIADMK MLAs

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Madras High Court’s two-Judge bench delivered a split verdict on petitions challenging the disqualification of 18 AIADMK MLAs loyal to sidelined leader TTV Dhinakaran. The MLAs were disqualified by the Tamil Nadu Speaker P Dhanapal on September 18, also a gazette notification was issued declaring that the vacancies to their seats have arisen due to the Anti-Defection Act.

TTV Dhinakaran, while questioning Chief Justice (CJ) Indira Banerjee’s decision said, “I appreciate the honourable judge who has clearly stated in the judgement that the speaker’s decision is wrong. I am reminding the Chief Justice that she had given a different kind of verdict in the context of Puducherry… Is the law different in Tamil Nadu and Puducherry? The people will support us… This is not at all a setback. It is a new experience legally.”

“What is sad about all this is the people’s disappointment that this anti-people government has been given an extension of two months. As a layman, I have my doubts,” TTV Dhinakaran said.

“The people will support us. This is not at all a setback. It is a new experience” he further said.

Updates:

The verdict is delivered by two judges CJ Banerjee and Justice M Sundar.

The verdict came out with the difference in the judgment.

CJ Banerjee upheld the disqualification of the 18 AIADMK MLAs as she found speaker’s decision reasonable.

Justice Sundar canceled the disqualification order by the Speaker.

Following the split decision matter will now be referred to a third judge and it will take two more months,  according to reports

In this situation, Status quo will be maintained that straight away means there will neither be bypolls in the 18 seats nor will a floor test be held till the matter is decided by the court.