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2020 Supreme(Mad) 740

A.P.SAHI, SENTHILKUMAR RAMAMOORTHY
M. K. Stalin – Appellant
Versus
Speaker, Tamilnadu Legislative Assembly, Chennai – Respondent


Advocates Appeared:
For the Petitioner:R. Shanmughasundaram, Senior Counsel for M/s. R. Girirajan, S. Manuraj, N.R. Elango, Senior Counsel for M/s. R. Neelakandan, P. Muthukumar, Amit Anand Tiwari assisted by S. Mahesh Sahasranaman, Devyani Gupta, B. Harikrishnan, Advocates.
For the Respondents:Vijay Narayan, Advocate General assisted by S.R. Rajagopal, AAG-VI assisted by V. Jayaprakash Narayanan, State Govt. Pleader, A.L. Somayaji, Special Senior Counsel assisted by K. Gowtham Kumar, Advocate.

ORDER :

A.P. Sahi, J.

1. Twenty-one Members of the Opposition in the Tamil Nadu Legislative Assembly representing the DMK Party were put to notice by the Speaker for having allegedly breached the privilege of the House while conducting themselves on 19.7.2017, when they raised an issue of accountability of the Government regarding flourishing of the unlawful banned trade of Gutkha in the State by physically displaying Gutkha sachets as well as photographs of certain shops where such items were being sold. It is the case of the petitioners that the sachets and photographs were exhibited in order to emphasize and impress upon the House as well as the Treasury Benches that action deserved to be taken, as the trade was being negotiated in the State of Tamil Nadu under the shadow of a particular Minister of the Government as well as high administrative officials, who were actively involved in the abetment of such unlawful trade.

2. It is their contention that no immediate action was either proposed or taken, but the incident dated 18.2.2017 and 22.8.2017 that had created a turmoil within the Ruling Party, prompted the Speaker to mala fidely issue the notices dated 28.8.2017 that are impugn

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