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AIADMK LIVE: HC Disallows Trust Vote Till Decision on TTV Camp Petition

News18.com | September 20, 2017, 3:13 PM IST
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The Madras High Court on Wednesday said that there can't be a trust vote in the Tamil Nadu Assembly till the court disposes of the case. The HC was hearing a plea by the 18 MLAs from TTV Dinakaran camp who have been disqualified by the Tamil Nadu Assembly Speaker P Dhanapal. The Speaker disqualified the legislators under the Anti-Defection Act for withdrawing their support to the EPS government.​

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Sep 20, 2017 3:13 pm (IST)

DMK lawyer supports the Madras High Court's decision.

Sep 20, 2017 3:12 pm (IST)

"After our submission that the Chief Minister and Speaker have collaborated to disrupt the confidence motion, the court has ruled that there will be no floor tests till further orders," said a DMK lawyer.

Sep 20, 2017 3:11 pm (IST)

According to ANI, DMK MLA, J Anbazhagan has said, "Sad that functions of Governor is being performed by the Court. Governor has failed and he can go back to Mumbai."

Sep 20, 2017 3:09 pm (IST)

While the Madras High Court has stayed the floor test in Tamil Nadu Assembly for the time, it has not stayed the disqualification of the 18 TTV Dinakaran MLAs. The court has also barred holding any bypolls in the 18 constituencies of these disqualified AIADMK MLAs. 

Sep 20, 2017 2:48 pm (IST)

While Madras High Court has stayed the floor test in Tamil Nadu Assembly for the time being, it has not stayed the disqualification of the 18 TTV Dinakaran MLAs. The court has also barred holding any bypolls in the 18 constituencies of these disqualified AIADMK MLAs. 

Sep 20, 2017 2:11 pm (IST)

Aryama Sundaram, Speaker P Dhanapal's lawyer says they are happy with the decision of staying the floor test for now.

Sep 20, 2017 1:43 pm (IST)

No bypolls in seats of TTV Dinakaran MLAs.

Sep 20, 2017 1:38 pm (IST)

Madras High Court stays the floor test at Tamil Nadu Assembly, sets next date of hearing on the MLAs' disqualification case on October 4.

Sep 20, 2017 1:34 pm (IST)

With the reduced number of seats after 18 MLAs were disqualified, the EPS-OPS faction could have easily proven its majority in the Assembly. However, with a stay on the floor test, the situation might turn tricky for the Palaniswami government.

Sep 20, 2017 1:28 pm (IST)

No floor test for now.

Sep 20, 2017 1:26 pm (IST)

In a huge blow to the EPS-OPS camp, Judge Duraiswamy says, there will be no floor test till the case is disposed. 

Sep 20, 2017 1:24 pm (IST)

The Tamil Speaker's lawyer says: There should be no interim stay against the disqualification of 18 MLAs. They have also argued that a similar case in Karnataka, involving former Chief Minister Yeddyurappa. In 2011, Chief Minister B S Yeddyurappa lost his majority when some of his MLAs revolted against him and the Governor asked him to take a floor test. Yeddyurappa had petitioned the Speaker and requested him to disqualify these members. The disqualification of the members was struck down by the Supreme Court.

Sep 20, 2017 1:21 pm (IST)

DMK lawyers argue at the Madras High Court that confidence motion must not be held until the case is disposed of.

Sep 20, 2017 1:19 pm (IST)
Sep 20, 2017 1:16 pm (IST)

TTV camp argues, "We had asked the Speaker for the documents regarding the disqualification of the 18 MLAs and the Speaker replied that there was no necessity to show the documents.

Sep 20, 2017 1:11 pm (IST)

Apsara Reddy, AIADMK leader of the Dinakaran camp, says sentiments of the Tamil Nadu is proof of their association with the Modi government. It looks like the BJP is speaking for Speaker P Dhanapal.

Sep 20, 2017 1:09 pm (IST)

Apsara Reddy, AIADMK leader of the Dinakaran camp, claims the Panneerselvam-Palaniswami camp is working at the behest of the Modi government.

Sep 20, 2017 1:07 pm (IST)

CLICK TO READ | It's Advantage EPS-OPS as TN Speaker Disqualifies 18 Pro-Dinakaran MLAs

With the disqualifications, the total strength of the AIADMK has come down to 116. Of the total 234 legislators, the number is now 231 excluding Jayalalithaa, Karunanidhi and the Speaker.

Sep 20, 2017 1:07 pm (IST)

RECAP | In August, 19 MLAs supporting TTV Dinakaran met Governor and submitted a memorandum withdrawing support to the Chief Minister. The Speaker had then summoned all the rebel MLAs to appear before him but the MLAs demanded time. Of the 19 MLAs, one MLA jumped ship last week reducing the count to 18. 

Sep 20, 2017 1:05 pm (IST)

Lawyers of the TTV camp argue that a floor test shouldn't be conducted at this point when the 18 MLAs have been disqualified. It clearly gives the EPS-OPS government an advantage in the Assembly. With the disqualification, the total strength of the AIADMK in the Assembly has come down to 116. Of the total 234 legislators, the number is now 231 excluding Jayalalithaa, Karunanidhi and the Speaker. With 18 MLAs disqualified, the total number of seats in the House comes down to 213 and thus the halfway mark is 106. EPS-OPS merged faction has the support of 114 MLAs which is more than the required numbers to form the majority. 

Sep 20, 2017 12:52 pm (IST)

Aryama Sundaram, who is representing Tamil Nadu Speaker P Dhanapal begins arguments. Sundaram says, "Can the counsel accuse the Centre?" This comes right after Dave had said that a few people in Delhi are deciding on what should happen in Tamil Nadu.

Sep 20, 2017 12:49 pm (IST)

TTV Dinakaran's lawyer Dushyant Dave ends his argument saying enough time was not given to the MLAs to explain their position. In three weeks' time everything was hurried and the MLAs were disqualified.

Sep 20, 2017 12:44 pm (IST)

TTV Dinakaran camp lawyer reads out the letter that was sent to the Governor. 

Sep 20, 2017 12:41 pm (IST)

Opposition DMK and its working president MK Stalin to hold crucial meeting as soon as the Madras High Court hearing ends.

Sep 20, 2017 12:39 pm (IST)

TTV Dinakaran camp lawyer reads the letter which was given to the Governor, claims their demand was only to change the chief minister. They did not switch party, so anti defection law grounds are not strong.

Sep 20, 2017 12:37 pm (IST)

TTV Dinakaran lawyer: Action taken by Tamil Nadu Speaker P Dhanapal, to disqualify the 18 MLAs, goes against justice.

Sep 20, 2017 12:36 pm (IST)

TTV Dinakaran camp lawyer says the MLAs did not oppose the government but only Chief Minister Palaniswami 'as he is corrupt'. The lawyer further argues that they wanted a change in the leadership. They have not moved to another party, thus this does not come under the anti-defection law.

Sep 20, 2017 12:32 pm (IST)

ANTI-DEFECTION CRACKDOWNS – FRAIL PRECEDENTS

Karnataka, 2010

- MLAs disqualified fearing they would support no-trust motion
- SC quashed speaker’s decision to disqualify 16 rebel mlas in yeddyurappa govt
- The SC MLAs disqualified without adequate opportunity to defend themselves
- The apex court questioned whether the MLAs violated party whip or went against party

Telangana, 2014-15

- 12 of 15 TDP MLAs cross over, one by one, to ruling TRS
- KCR used defections to consolidate hold
- Anti-defection law not applied, no MLAs disqualified

Andhra Pradesh 2014-2017

- TDP poached YSR Congress MLAs to weaken opposition
- Chandrababu Naidu got 21 YSR Congress MLAs to cross over
- 4 YSR Congress defectors made ministers at Centre
- Anti-defection law not applied, no disqualifications

Sep 20, 2017 12:26 pm (IST)

Dushyant Dave, who is presenting TTV Dinakaran and his MLAs' case at the Madras High Court says the Speaker's order of disqualifying the 18 MLAs is against natural justice. MLAs did not indulge in any anti-party activities. They only wanted the leader to be changed.

Sep 20, 2017 12:24 pm (IST)

CLICK TO READ | Bittery and Buttery: BJP's AIADMK Conundrum - VVP Sharma' Blog

The point being made is why is the BJP finding it difficult to get a foothold in the state by hitching itself with the AIADMK.

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