The Madras high court on Tuesday directed Tamil Nadu assembly Speaker JCD Prabhakar to conclude within two months disqualification proceedings against six former All India Anna Dravida Munnetra Kazhagam (AIADMK) legislators, who quit the party and joined the ruling Tamilaga Vettri Kazhagham (TVK). It, however, upheld the speaker’s decision to accept the resignations of the six MLAs.
He challenged the acceptance of the resignations while disqualification proceedings remained pending, arguing that the resignations could circumvent the consequences of the anti-defection law. The speaker defended his decision, maintaining that he had satisfied himself that the resignations were voluntary and genuine. The speaker accepted their resignations between May 26 and June 29, prompting AIADMK whip Agri SS Krishnamurthy to move the high court.
The high court on Tuesday upheld the acceptance of the resignations but clarified that the pending disqualification proceedings must still be decided within two months.
In 1992, the Supreme Court, in the Kihoto Hollohan vs Zachillhu case had held that speakers while deciding disqualification petitions under the 10th Schedule act as tribunals and that their decisions are subject to judicial review. In 2020, the apex court in the Keisham Meghachandra Singh v Manipur assembly speaker case held that disqualification petitions must ordinarily be decided within a reasonable period and that three months would generally be the outer limit, unless there existed exceptional circumstances. “The present batch of cases poses an unforeseeable dilemma before this court.
In the present case, the high court said it had chosen to trust the constitutional institution entrusted with deciding questions of disqualification rather than allow political considerations to determine the outcome. The ongoing conflict between constitutional morality and political morality,” the court said, adding it had consciously chosen to leave the question of disqualification to the speaker, trusting him to discharge his constitutional responsibilities under the Tenth Schedule.
