Edappadi Palaniswami vs O Panneerselvam: 11 Tamil Nadu MLAs face disqualification

Mangalore Today News Network

Chennai, Feb 20, 2017 : The rebel faction of ruling AIADMK in Tamil Nadu, led by former chief minister O Panneerselvam, suffered its first major setback on the floor of the house on Saturday when the rival VK Sasikala faction’s Edappadi Palaniswami won the trust vote. The Panneerselvam faction is all set to get another jolt with disqualification staring in the face of 11 of its MLAs.

 

WHIPS OF PALANISWAMI AND PANNEERSELVAM FACTIONS

Before the trust motion was tabled in the House, both the factions had issued whips to all the MLAs. While AIADMK chief whip S Rajendran, owing allegiance to the Sasikala faction, asked all MLAs to remain present in the House and vote in favour of Palaniswami, a similar whip was issued by S Semmalai, appointed by AIADMK presidium chairman Madhusudanan as chief whip of the Panneerselvam camp.

However, the only difference was that it asked the MLAs to vote against the confidence motion moved by Palaniswami.

Even before the confidence motion was moved, both the main opposition parties - DMK and Congress - demanded secret voting. Congress boycotted the House when Speaker P Dhanapal rejected the demand.

MAYHEM BEFORE TRUST VOTE

On the other hand, the DMK MLAs allegedly created unprecedented ruckus in recent times inside the House and were evicted on the orders of the Speaker.

Hence, only AIADMK MLAs were available in the House to vote. While 122 MLAs voted in favour of Palaniswami’s confidence motion, 11 voted against it and two abstained.

Also read: Tamil Nadu CM E Palaniswami’s trust vote challenged by DMK in Madras High Court, hearing tomorrow

Eleven of these 13 MLAs, who voted against the whip issued by the Palaniswamy faction, are at the risk of losing their Assembly seats. The whip did not apply on only two MLAs - Panneerselvam and Ma Foi K Pandiarajan - who have been expelled from the AIADMK.

11 MLAs ATTRACT ANTI-DEFECTION LAW

But 11 other rebel MLAs, who are still AIADMK MLAs, could neither disobey the whip nor abstain from voting. They stand to lose their membership if AIADMK chief whip S Rajendran of the Palaniswami complains to Speaker P Dhanapal.

Talking to India Today, constitutional expert and former Lok Sabha secretary general Subhash Kashyap said, "These 11 MLAs may attract the provisions of the Anti-Defection Act provided the Speaker is petitioned regarding violation of whip. The Speaker, thereafter, can hold hearings as part of quasi-judicial proceedings. He may accordingly arrive at a decision and disqualify these MLAs."

The 11 MLAs includes Mylapore legislator and former Tamil Nadu DGP R Nataraj who voted against the Palaniswami government. Nataraj was neutral till a day before the trust vote. However, he finally decided to vote against the government on Saturday.

ANTI-DEFECTION LAW REGARDING VIOLATING WHIP

Disqualification on ground of defection is discussed under Chapter V and Article 73 of the Constitution. The Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law, was introduced by the Constitution (52nd Amendment) Act, 1985 as amended by the Constitution (Ninety-First Amendment) Act, 2003 lays down the conditions regarding disqualification, on ground of defection. The main provisions of the Tenth Schedule are summarised below:

(i) An elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of political party at the time he takes his seat would be disqualified on the ground of defection if he voluntarily gives up his membership of such political party or votes or abstains from voting in the House contrary to any direction of such party.