A writ of quo warranto cannot be maintained based solely on allegations of hate speech; disqualifications must be grounded in constitutional provisions or statutes.

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Quo Warranto calling upon the 1st respondent herein to show cause under what authority of law he is holding the post of the Minister of the Tamil Nadu State and also as an M.L.A.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Quo Warranto calling upon the 1st respondent herein to show cause under what authority of law he is holding the post of the Member of Parliament.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Quo Warranto calling upon the 1st respondent herein to show cause under what authority of law he is holding the post of the Minister of the Tamil Nadu State and also as an M.L.A.

(I) Introduction and brief description of parties

1. These Writ Petitions are filed by three individuals seeking Writ of Quo Warranto calling upon the first respondent in the Writ Petitions to show cause under what authority of law they are holding Constitutional posts in the Government of the State of Tamil Nadu.

2. The first respondent in W.P. No. 29203 of 2023 is a Member of Legislative Assembly (in short ‘MLA’) holding the post of Minister for Hindu Religious and Charitable Endowments (in short ‘HR&CE’) the first respondent in W.P. No. 29204 of 2023 is a Member of Parliament (in short ‘MP’) and the first respondent in W.P. No. 29205 of 2023 is an MLA holding the post of Minister for Youth Welfare and Sports Development. The first respondents in the three writ petitions are collectively referred to as ‘individual respondents’, and separately by name.

3. Heard the detailed submissions of Mr. T.V. Ramanujan, Mr. G. Rajagopalan and Mr. G. Karthikeyan, learned Senior Counsels appearing on behalf of Ms. A. Jagadeeswari, learned counsel on record for the petitioners in the Writ Petitions, Mr. N. Jothi, learned counsel for Mr. P.K. Sekar Babu/R1 in W.P. No. 29203 of 2023, Mr. Viduthulai, learned Senior Counsel appearing for M/s. Wilson Associates for Mr. A. Raja/R1 in W.P. No. 29204 of 2023, P. Wilson, learned Senior Counsel appearing for M/s. Wilson Associates for Mr. Udhayanidhi Stalin/R1 in W.P. No. 29205 of 2023, Mr. R. Shunmugasundaram, learned Advocate General, assisted by Mr. K.M.D. Muhilan, learned Additional Government Pleader for the Special Secretary, Tamil Nadu Legislative Assembly/R2 in W.P. Nos. 29203 and 29205 of 2023 and Mr. K. Ramanamurthy, learned Central Government Standing Counsel for the Secretary, Lok Sabha/R2 in W.P. No. 29204 of 2023.

(II) Background including relevant extract of the speeches

4. The Petitioners are aggrieved by the participation of two of the individual respondents in a Convention entitled ‘Sanatana Ozhippu Manadu’ meaning, ‘Convention for the destruction of Sanatana Dharma’ conducted by the Tamil Nadu Progressive Writers and Artists Association, a wing of the Communist Party of India, in Chennai on 02.09.2023 (in short ‘Convention’) and their statements making reference to, and comparing Sanatana Dharma to virulent diseases.

5. A copy of the invitation has been supplied in the course of the hearing revealing that the purport of the Convention was to deride Sanatana Dharma and discuss the continuous deleterious impact that, according to the individual respondents, it has had, and continues to have on society.

6. The purpose of the Convention was to deliberate on strategy for the destruction (‘Ozhippu’) of Sanatana Dharma. Mr. P.K. Sekar Babu was present in the Convention but did not deliver a speech there. H