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2021 Supreme(Mad) 473

PUSHPA SATHYANARAYANA
M. K. Stalin – Appellant
Versus
Speaker, Tamilnadu Legislative Assembly, Chennai – Respondent


Advocates Appeared:
For the Petitioners:R. Shanmugasundaram, Senior Counsel, V. Arun, Amit Anand Tiwari, assisted by Mahesh Sahasranaman, Devyani Gupta, N.R. Elango, Senior Counsel, B. Harikrishnan, Advocates.
For the Respondents:R2, Vijay Narayan, Advocate General assisted by V. Jayaprakash Narayanan, Government Pleader, R3, AL. Somayaji, Senior Counsel, K. Gowtham Kumar, Advocates, R1 & R4, No Appearance.

JUDGMENT :-

(Prayer in W.P.No.13189 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorai calling for the records pertaining to the impugned Show Cause Notice No.10100/2017-9 SA.MA.PE.SAE (SA.MU.VA-3) dated 07.09.2020 issued by the second respondent, based on the reference dated 19.07.2017 in Serial No.9 of the Tamil Nadu Legislative Assembly Bulletin No.37 dated 19.07.2017 made by the first respondent to the third respondent, and to quash the same.)

1. Whether the question of herd immunity will apply only to COVID-19 or even for the Members of the Legislative Assembly, which has cropped up at the right time.

2. The privilege is not knowing that you are hearing others and not listening, when they tell you - Dr.DaShanne Stokes.

3. Nineteen of the Members of the Tamilnadu Legislative Assembly belonging to the opposition party, including the Leader of the Opposition, have challenged the Show Cause Notices dated 07.09.2020 (for the sake of brevity, “the SCN”) on the issue of breach of privilege calling upon them to furnish explanation. This is the second SCN issued to the petitioners by the second respondent on the same cause of action.

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