New Delhi: Tamil Nadu Speaker P Dhanapal has expelled all the 88 MLAs of DMK complaining they insulted and manhandled him. As this copy gets published, Assembly Marshals are evicting them one by one from the floor of the House. The upshot is that the house-strength will now come down from 228 to 140 members giving Chief Minister Edappadi K. Palaniswami – who is seeking a Trust vote – a clear edge. So, was it a smart strategy by the DMK or did they play into the hands of Camp Palanisamy? Experts feel the matter is now headed straight to the court but ace Supreme Court lawyer Mohan Parasaran argues it will be difficult to challenge the speaker’s decision in a court of law.
Experts seem divided on this just as the MLAs inside the assembly.
Kalyan Arun, Senior Journalist
This matter might end up in the court of law to decide, which is the official faction of AIDMK. In either way, here the speaker has only expelled the members and have not suspended them. If the speaker conducts the floor test without the DMK, then it will be unconstitutional and illegal. Only if the members were suspended by the speaker and the house was called again in session to propose the motion of confidence then the floor test will be valid.
Sundararajan Murali, Senior journalist
DMK strategy is simple and clear so that the house cannot function and Palanisamy cannot form the government. But here DMK chief MK Stalin is correct to hold that the vote could be deferred as the governor himself had given a 15 day window, then why this mighty hurry? What will happen is Congress will also walk out leaving only Palanisamy and his supporting MLAs in the assembly and a floor test will make him victorious. Since the party proceedings have been recorded, the governor will send a report to the Home Ministry about the conduct, and if the Home Ministry feels that the floor test was undemocratic, then the ruling government can be dismissed. But today the speaker will decide the final outcome and he cannot be challenged. Governor will take note of this.
A R Venkatachalapathy, Professor, Madras Institute of Development Studies
The speaker has the absolute right to decide what happens in the assembly today. Today Palanisamy may form government, but this can be taken to the courts and is open to judicial scrutiny. But the court part comes at a later stage as no one questions a speaker’s decision when the assembly is in session. The government has to function and they are trying to hold together by hook or crook. But personally I feel, such a floor test cannot happen because the strength of the government has to be tested in a calm atmosphere with all the members and when such a thing is not followed, it is in the court’s domain to decide its legality.
Senior Advocate Mohan Parasaran, Former Advocate General
It will be difficult to challenge the speaker in the court of whatever he decision he takes in the assembly.
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