Chennai: The disqualification case of AIADMK MLAs involving Deputy Chief Minister O Panneerselvam and 10 others will soon be taken up for hearing, the Supreme Court said today.
The bench of Chief Justice of India Ranjan Gogoi made this observation accepting the plea filed by R Sakkarapani of the DMK.
Since the time of Justice A K Sikri’s retirement, senior advocate Kapil Sibal stated that the case has not been heard. Responding to this, the CJI said it would be heard soon.
The special leave petition quizzed if mandamus can be issued by a constitutional court going by the rule mentioned under the Tenth Schedule of the Indian Constitution to disqualify a member in the case of the Speaker leaving behind his duty.
According to the petition, on 18 February 2017, 11 MLAs from Panneerselvam’s faction voted against the confidence motion. Following this, the plea demanding their disqualification before the Assembly Speaker under Paragraph 2 (1)(b) of the Tenth Schedule of the Constitution, did not yield the expected response. The Speaker failed to release notice on the matter, said the petition.
After this, Panneerselvam and Chief Minister Edappadi K Palaniswami patched up and merged their factions. Now, Panneerselvam is the coordinator of the AIADMK and Deputy Chief Minister, while Palaniswami is also the co-coordinator of the party.