The Madras High Court today said that there will not be a trust vote in the Tamil Nadu Assembly till the court disposes of the case. The Court 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.
Chennai, September 20: The head of the floor, S Rajendran wrote a letter to the Speaker requesting the disqualification of the 18MLAs belonging to the TTV Dhinakaran faction after they visited the Governor, Vidyasagar Rao at Raaj Bhavan on August 22. When the MLAs requested for more time to come up with an answer, they were disqualified by the Governor on Monday, September 18.
The Anti-Defection Act states that a member of parliament or state legislature is deemed to have defected if he either voluntarily resigned from his party or disobeyed the directives of the party leadership on a vote. A change can be brought about only with a minimum of one-third of the legislators votes.
Aryama Sundaram, who represented the Tamil Nadu Speaker, argued in the court that there are only 18 MLAs who want a change and thus going against the party makes them guilty under the Anti-Defection Act.
— T S Sudhir (@Iamtssudhir) September 20, 2017
TTV Dhinakaran’s lawyer, Dushyant Dev ended his argument by stating that enough time was not given to the MLAs to explain their position, moreover they only wanted a change in Chief Minister and did not want to withdraw their positions from the party.
The Madras HC has decided that no floor test will be conducted under the case is resolved. The hearing is pushed to October 4th, thus giving time for MLAs to resolve conflict.