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Online edition of India's National Newspaper Friday, January 05, 2001 |
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MLAs disqualification: HC orders notice to Pondy Speaker
By Our Special Correspondent
CHENNAI, JAN. 4. The Madras High Court has ordered notice to the
Speaker of the Pondicherry Assembly on writ petitions filed by
three MLAs, who were recently disqualified from the House.
After hearing the counsel of three MLAs, Messrs S. Manohar, A.
Elumalai and K. Rajasekharan, today, Mr.Justice K.P.
Sivasubramaniam directed issue of notice to the other respondents
including the Assembly Secretary, the State Chief secretary, and
two TMC MLAs, returnable by one week.
In the 30-member Assembly, TMC had five MLAs. Of them, the three
MLA, namely the petitioners, broke away from the party to form
the TMC (Manohar group). But the other two namely, Mr. Theni
Jayakumar and Mr. Kandasamy sought the Speaker to disqualify
them. Though, the three-member group objected to this, the
Speaker announced their disqualification on December 25, under
the Anti-Defection law.
They challenged the disqualification on the ground that the
Pondicherry TMC unit was different from the Tamil Nadu unit of
the party. The MLAs alleged that the disqualification was made
only to maintain the majority of the ruling party in the
Assembly. Also they comprised more than third of the TMC unit.
The petitions sought to declare the disqualification notification
as unconstitutional and arbitrary.
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