Tamil News

Anti-Defection Law May Facilitate TN Government To Survive

Madras High Court
By Yoga Balaji (From a Digital Camera (Nikon)) [GFDL or CC BY 3.0], via Wikimedia Commons

Tamil Nadu News: Mr. Stalin, the opposition leader in TN Assembly, in his petition, had sought the Madras High Court to give a direction to the Governor to order a floor test for the Palaniswamy government, on the grounds that it had lost its majority because the 19 MLAs of ruling party indicated their lack of confidence in the Chief Minister.

Neither the State Governor nor the President of India responded to the representations submitted by the said opposition leader. Hence, he approached the court.

The Government Chief Whip sought the disqualification of the 19 MLAs who rebelled against the Tamil Nadu Chief Minister E Palaniswami and the Speaker may disqualify them any movement as per the anti- defection law. 

Further this proposition is strengthened by the High Court order passed on the petition of Mr. Stalin saying that the no floor test can be conducted in the Tamil Nadu Assembly till September 20. In mean time these rebel MLAs may be disqualified by the speaker and thus tilting the arithmetic of politics. If this does not work out in favor of the ruling party the Speaker has another option in which he may disqualify 21 DMK MLAs against whom privilege notices has been served earlier on their illegal action in Assembly pertaining to displaying of banned gutka Packets.

The Speaker's authority is a constitutional authority and court cannot interfere in the process. However, after the constitutional process is over and if any order is passed, then a judicial review is   available as remedy to the aggrieved parties.

Tags: Tamil News, Tamil Nadu Chief Minister E Palaniswami, Jayalalitha

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