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2008 Supreme(Mad) 360

V.DHANAPALAN
A. K. Bose – Appellant
Versus
Tamil Nadu Legislative Assembly, Represented by its Secretary, Secretariat, Chennai & Another – Respondent


Advocates Appeared:
For the Petitioner:N. Jothi, S. Venkatesh and L.P. Shanmugasundaram, Advocates.
For the Respondents:G. Masilamani, Advocate General (as Amicus Curiae) assisted by V. Arun, Addl. Govt. Pleader.

Judgment :-

The petitioner who is a Member of the Tamil Nadu Legislative Assembly (in short “the Legislative Assembly”) has filed this petition, calling in question the resolution dated 110. 2007 passed by the Legislative Assembly and to quash the same.

2. The main issue between the parties is the consequence of an incident that took place on 110. 2007 and 110. 2007 leading to passing of the aforesaid resolution.

3. According to the petitioner who belongs to All India Anna Dravida Munnetra Kazhagam, he has been the Member of the Legislative Assembly representing 141, Tirupparankundram Assembly Constituency right from 13.05.2006, by defeating a candidate belonging to the Communist Party of India (M); by the punishment imposed against him by way of the impugned resolution, he has been prevented from discharging his duties as an elected representative of the Tirupparankundram Assembly Constituency and the impugned resolution has been passed by the first respondent even without serving any notice on him or without calling for any explanation or even without issuing any notice to him and as such, no formal order was ever served on him; however, the official residence allotted to him,













































































































































































































































































































































































































































































































































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