A sensational verdict by Chennai High Court - removal of 18 MLAs valid and legal
Posted on: 25/Oct/2018 12:07:50 PM - No. of views : (3728)
The Chennai High Court has given a sensational verdict that the removal of 18 MLAs from the Legislative Assembly is valid and legal.
Justice Sathyanarayanan gave the verdict that the decision taken by the Speaker of the Legislative Assembly is valid and legal and the removal of 18 MLAs from the Legislative Assembly was proper.
Through this, the 3rd Judge in this enquiry, Sathyanarayanan, has confirmed that verdict given earlier by the then Chief Justice of the Chennai High Court Indira Bannerji.
The backdrop of the enquiry
A team of 19 MLAs, including Thangathamizhselvan, supporters of TTV Dhinakaran, visited the governor and demanded the present Chief Minister E. Palanisamy must be removed from this post.
Subsequently, the Head of the Legislative Assembly, Dhanapal, issued notices to the above 19 MLAs and asked for an explanation for their action. Dhanapal initiated this action based on the complaint given by the AIADMK whip (Korada) Rajendran.
Out of the 19 MLA, 1 MLA, Jaggaiyan, informed that he is withdrawing his demand and would support the government. Subsequently, Dhanapal ordered the removal of the other 18 MLAs from the Assembly.
Consequently, the 18 MLA filed a petition in the Chennai High Court against the order removing them from the Legislative Assembly.
This petition came up for enquiry when Indira Bannerji was the Chief Justice of the Chennai High Court and she led the panel of judges for this enquiry.
The panel of judges headed by the Chief Justice Indira Bannerji gave the verdict that the removal of the 18 MLAs was legal and valid. Another Judge, M. Sundar took the stand that the removal of the 18 MLAs was invalid and gave the reverse verdict on 14th June. As there was a difference in the 2 verdicts, Justice Huluwadi Ramesh ordered that the enquiry will be further taken up by justice Vimala.
Subsequently, the TTV Dhinakaran supporters, 18 MLAs, filed a petition in the Supreme Court that this enquiry must be transferred to a different state or to the Supreme Court. The SupremeCourt appointed M. Sathyanarayanan as the 3rd Justice in this enquiry.
The enquiry recommenced on 23rd July.
Several senior advocates participated in this enquiry and presented their views and arguments, Advocates P. S. Raman, Mohan Parasaran, and Raja Sendhurpandian presented their case on behalf of the removed 18 MLAs.
The Senior Advocate, Aryama Sundaram represented the Head of the Legislative Assembly. Senior Advocate C. S. Vaidyanathan represented the Chief Minister E. Palanisamy. Advocate Mukul Rohtagi represented the Government Chief Whip (korada) Rajendran,
The final session of the presentation came up for enquiry on 31st August before the 3rd Justice, M. Sathyanarayanan. After the final presentation by the advocates, the Justice M. Sathyanarayanan adjourned the enquiry without any specific dates. Thus, after a gap of 54 days, the verdict on this enquiry was released today.
As the whole Tamil Nadu was awaiting with great anxiety and expectation on this verdict, the Justice M. Sathyanarayanan has given the verdict that the decision taken by the Legisislative Assembly Speaker o to remove the 18 MLAs was proper, valid, and legal!
