New Delhi, Oct 9 The Supreme Court on Friday refused to entertain a plea challenging the Tamil Nadu Assembly Speaker's decision to drop disqualification proceedings against 21 AIADMK MLAs, who voted in favour of the TVK government during a confidence motion despite their party's whip.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana declined to interfere with the Madras High Court's dismissal of a public interest litigation (PIL) filed by P V Selvakumar.
The bench, however, clarified that it was leaving the questions of law open and would consider them in an appropriate proceeding.
During the hearing, the court questioned the petitioner's locus standi, pointing out that he was neither a legislator nor a representative authorised to pursue the disqualification proceedings.
Advocate Nina Nariman, appearing for Selvakumar, contended that he was an AIADMK member and a voter concerned about the conduct of the legislators.
Justice Bagchi observed that proceedings under the 10th Schedule of the Constitution had to be pursued by a member of the House.
“We are fully with you that the sanctity of constitutional mandate must be preserved. But we must understand the working of a democratic system,” the judge observed.
The bench also noted that the AIADMK leadership appeared to have condoned the conduct of the MLAs, and said the grievance should appropriately be raised by the party or its authorised representatives.
The counsel argued that the matter went beyond the party whip and involved communications submitted to the Assembly Speaker.
The bench, however, questioned whether a third party could challenge the decision after the AIADMK had chosen to pardon the legislators.
Referring to an earlier decision of the court, Nariman said it was held that if none of the legislators are left and all of them defected, a third person can move the court for appropriate relief.
She submitted that in the earlier decision, all the legislators had defected, but in this case, only some of the party legislators had defected.
The dispute arose after 25 AIADMK MLAs voted in favour of the TVK government led by Chief Minister C Joseph Vijay during a confidence motion on May 13, despite the party directing its members to vote against it.
Disqualification proceedings were initiated against the legislators the following day under the 10th Schedule.
The party subsequently sought withdrawal of the proceedings against 21 MLAs, a request the Speaker accepted. The remaining four legislators had resigned from the party.
Challenging the decision, Selvakumar contended that the Speaker could not drop the proceedings merely because the party had changed its position, as the issue involved the constitutional consequences of defying a party whip.
The Madras High Court had dismissed the PIL, questioning the petitioner's authority to challenge the decision, and noting that the party had condoned the legislators' conduct within the prescribed period.
