P. Vetrivel vs P. Dhanabal, Speaker Tamil Nadu Legislative Assembly

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Mad) 1608

INDIRA BANERJEE, M.SUNDAR
P. Vetrivel – Appellant
Versus
P. Dhanabal, Speaker Tamil Nadu Legislative Assembly – Respondent

Advocates Appeared:
For the Petitioners: Dr. Abhishek Singhvi, Mr. N. Raja Senthoor Pandian, Mr. Vivek Singh, Mr. Mohit Paul, Mr. Amit Bhandari, Mr. P.S. Raman, Mr. C. Seethapathy.
For the Respondents: Mr. C. Aryama Sundaram, Mr. K. Gowtham Kumar, Ms. Rohini Musa, Mr. Athiban Vijay, Mr. Imthiaz Ahmed, Mr. Mukul Rohatgi, Mr. C. Thirumaran, Mr. Muthu Thangathmai, Mr. Sameer Rohatgi, Mr. C.S. Vaidhyanathan, Mr. S.R. Rajagopal, Mr. S.R. Raghunathan, Mr. Harish V. Shankar.

ORDER :

INDIRA BANERJEE, J.

1. All these writ petitions, are directed against an order dated 18.9.2017 of the Speaker of the Tamil Nadu Legislative Assembly declaring the writ petitioners, eighteen in number, as disqualified from the membership of the Tamil Nadu Legislative Assembly on the ground that they had voluntarily given up the membership of the All India Anna Dravida Munnetra Kazhagam (AIADMK) party.

2. The issues involved in all these writ petitions being identical, the writ petitions were heard together and are now being disposed of by this common judgment and order. The facts giving rise to the impugned order of the Speaker are set out briefly hereinafter.

3. After the death of Selvi J. Jayalalithaa, Chief Minister of Tamil Nadu and leader of the AIADMK on 5.12.2016, Mr. O. Panneerselvam was elected as the leader of AIADMK in the Tamil Nadu Legislative Assembly. Mr. O. Panneerselvam was sworn in as the Chief Minister of Tamil Nadu on 6.12.2016.

4. Mr. O. Panneerselvam resigned from the office of the Chief Minister of Tamil Nadu on 6.2.2017, after which Mr. E. Palaniswam

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2018 Supreme(Mad) 1608

INDIRA BANERJEE, M.SUNDARP. Vetrivel – AppellantVersusP. Dhanabal, Speaker Tamil Nadu Legislative Assembly – Respondent

Cases Referred (78)

INDIRA BANERJEE, M.SUNDAR
P. Vetrivel – Appellant
Versus
P. Dhanabal, Speaker Tamil Nadu Legislative Assembly – Respondent