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2018 Supreme(Mad) 1197

INDIRA BANERJEE, ABDUL QUDDHOSE
R. Sakkrapani, Whip, Dravida Munnetra Kazhagam, Tamil Nadu Legislative Assembly, Chennai – Appellant
Versus
Secretary, Tamil Nadu Legislative Assemblym Chennai – Respondent


Advocates Appeared:
For the Petitioner:Kapil Sibal, Amarendra Sharan, R. Shanmugasundaram, N.R. Elango, P.S. Raman, Senior Counsels, M/s. R. Girirajan, R. Neelakandan, S. Manuraj, N. Raja Senthur Pandian, Advocates.
For the Respondents:R. Vijay Narayan, Advocate General assisted by T.N. Rajagopalan, Government Pleader, C.S. Vaidhyanathan, Senior Counsel assisted by M/s. Harish V. Shankar, K. Gowtham Kumar, C. Kasirajan, G. Prakash Kumar, R.M. Babu Murugavel, Vaibhav, Advocates.

JUDGMENT & ORDER :

INDIRA BANERJEE, J.

1. The writ petition being W.P.No.26017 of 2017 has been filed seeking disqualification of 11 MLAs, being respondent Nos.3 to 13, of the All India Anna Dravida Munnetra Kazhagam Party under Paragraph 2(1)(b) of the Tenth Schedule of the Constitution of India read with Tamil Nadu Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986, for voting contrary to the direction issued by the Chief Government Whip on 18.02.2017.

2. In W.P.Nos.27853, 27855 and 27856 of 2017, the petitioners sought issuance of writ of mandamus directing the first respondent to consider and pass orders forthwith on the petition dated 20.03.2017 filed by the petitioners herein seeking to disqualify respondent Nos.2 and 3 in each of these petitions, under Paragraph 2(1)(b) of the Tenth Schedule of the Constitution of India read with Rule 6 of the Members of the Tamil Nadu Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986, hereinafter referred to as “the Disqualification Rules”.

3. In the writ petition, being W.P.No.27854 of 2017, the petitioner prayed for issuance of a writ of mandamus directing the first respondent to consider and p
















































































































































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