M. Sathyanarayanan, J.

Introductory:-

The writ petitioners were the elected Members of the Tamil Nadu Legislative Assembly, which consists of 234 Assembly Constituencies. The General elections to the 15th Legislative Assembly of Tamil Nadu was held on 16.05.2016. Elections were postponed in respect of two Assembly Constituencies, viz., Aruvakkurichi and Tanjavur Assembly Constituencies, and subsequently, election in respect of the said Constituencies was also held.

2. In the present Legislative Assembly, "All India Anna Dravida Munnetra Kazhagam" [AIADMK] got elected to 136 Assembly Constituencies ; "Dravida Munnetra Kazhagam" [DMK] got 89 Assembly Constituencies ; "Indian National Congress" [INC] got 8 seats and "Indian Union Muslim League" [IUML] got 1 seat.

3. Ms.J.Jayalalitha got elected as the leader of "AIADMK" Party, which secured majority and on her demise, Thiru O.Panneerselvam, was elected as the leader of "AIADMK" and was sworn in as the Chief Minister of Tamil Nadu on 06.12.2016.

4. On 29.12.2016, the General Council of "AIADMK" Party met and elected Tmt.Sasikala Natarajan as the General Secretary. Thiru O.Panneerselvam, resigned as the Chief Minister and it was informed to the Court that Tmt.Sasikala made a claim to be sworn in as the Chief Minister of Tamil Nadu and till such time, Thiru O.Panneerselvam, was requested to continue as the Care-taker Chief Minister.

5. Ms.J.Jayalalitha, Tmt.Sasikala and Others faced prosecution under the provisions of the Prevention of the Corruption Act, 1988, for having acquired assets disproportionate to the known source of income in a Special Court at Chennai and on the petition for transfer filed, the trial of the case was transferred to the State of Karnataka and ordered to be tried at Bengaluru. The learned Special Judge, had convicted the accused in the said case and challenging the legality of the conviction and sentence, appeals were preferred before the High Court of Karnataka and the accused were acquitted.

6. The State of Karnataka as well as "DMK" Party filed Special Leave Petitions before the Hon'ble Supreme Court of India, challenging the said acquittal and those Special Leave Petitions were entertained. Arguments were advanced in the said appeals and the Hon'ble Supreme Court of India, vide common Judgment dated 14.02.2017, had convicted Tmt.Sasikala and Others. It is to be noted at this juncture that pendency of the said appeals, Ms.J.Jayalalitha, breathed her last on 05.12.2016.

7. On 16.02.2017, Thiru Edappadi K.Palanisami (third respondent) was elected as the leader of "AIADMK" party and he was sworn in as the Chief Minister of the Tamil Nadu. Thiru O.Panneerselvam, who originally sworn in as the Chief Minister of Tamil Nadu on 06.12.2016, had difference of opinion and took a stand that he was forced to tender his resignation and opposed Tmt.Sasikala Natarajan and Thiru Edappadi K.Palanisami.

8. His Excellency, The Governor of Tamil Nadu, after swearing in Thiru Edappadi K.Palanisami as the Chief Minister of Tamil Nadu, requested him to prove the majority of the ruling party in the floor of the Legislative Assembly and accordingly, a Confident Motion was moved on 18.02.2017, wherein Thiru Edappadi K.Palanisami, has proved his majority with the support of 122 MLAs of his Party. The floor test, which took place on 18.02.2017 and the result of the same was also the subject matter of challenge in WP.Nos.4390, 4500 and 4869/2017 and WP.[MD] No.3033/2017 [Madurai Bench].

9. In the floor test held on 18.02.2017, the writ petitioners herein had voted in favour of Thiru Edappadi K.Palanisami, in terms of the directions issued by the Chief Government Whip - the 2nd respondent herein. Tvl.O.Panneerselvam and 10 other MLAs, voted against Mr.Edappadi K. Palanisami. One of the Members of the Legislative Assembly, supporting Thiru O.Panneerselvam, abstained from voting. As