R.SUBBIAH
M. K. Stalin, Leader of Opposition and Member of Legislative Assembly (Kolathur Constituency) – Appellant
Versus
Secretary, Tamil Nadu Legislative Assembly, Secretariat, Fort St. George – Respondent
This writ petition has been filed by the petitioner seeking for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to S.O.Ms.No.108, Legislative Assembly Secretariat, dated 22.08.2016, whereby the fifth respondent, who was appointed as a Special Personal Assistant to the petitioner herein, was repatriated back to the Secretariat Services, downgrading to the post of Personal Assistant and to direct the first respondent to place the fifth respondent status-quo ante, in terms of S.O.Ms.No.104, dated 08.08.2016, as Special Personal Assistant to the Leader of Opposition.
2. The brief facts, which are necessary for the disposal of the above writ petition, are as follows:-
The petitioner is the Leader of Opposition in the Tamil Nadu Legislative Assembly. In the recently concluded General Elections to the Tamil Nadu Legislative Assembly held in May 2016, the Dravida Munnetra Kazhagam (DMK) party, won 89 seats and therefore, is the principal Opposition Party in the 15th Tamil Nadu Legislative Assembly that was formed after the elections. The DMK Party, nominated the petitioner, who is the Treasurer of the party to be the Leader
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