Quash suspension of MLAs from TN Assembly, DMK tells HC

Chennai, Aug 19 (PTI) Two days after DMK members weresuspended en masse from the Assembly, Leader of the Oppositionand party treasurer M K Stalin today moved the Madras HighCourt, seeking quashing of the Speaker’s decision. He assailed the action as abuse of power and wanted Rule121 of the Assembly to be struck down as unconstitutional. Stalin sought an interim direction permitting DMK membersto participate in the House proceedings by staying the August17 Assembly resolution based on which they were suspendedunder Rule 121 by the Speaker P Dhanapal. In his PIL, Stalin submitted that a direction be issueddeclaring the House resolution as illegal, arbitrary and saidRule 121 of Tamil Nadu Legislative Assembly Rules be struckdown as unconstitutional. Assailing the action of the Speaker as ‘abuse of power’,he said it was open to judicial scrutiny. Dhanapal had yesterday refused to revoke the en massesuspension of 80 DMK members for a week for allegedly creatinga ruckus in the House. The suspended members had staged a protest outside theHouse and their colleagues inside had twice staged a walkoutover the issue. They continued the protest today also. Stalin said Rule 121 is "ex-facie unconstitutional," asit provides for grave punishment of suspension withoutproviding an opportunity to an MLA of being heard. Submitting that the rule was not "saved by the doctrineof necessity", he said, "The suspension is not merely for asitting …(This) privilege was not even available to theBritish House of Commons." Hence, the same was beyond thescope of Article 194 of the Constitution, he contended. He said the power of suspension was exercised with "grossdisregard" for constitutional and legislative conventions topractically disable the entire opposition from participatingin House proceedings. "The impugned actions constitute a naked affront to theprinciples of democracy which is part of the basic structureof the Constitution of India," he submitted. Alleging that the dtate government adopted tactics tostifle the voice of opposition in the Assembly, Stalin said itundermined democracy. He claimed that the "event appears to be an elaboratecharade, pre-conceived and designed to deprive members of DMKto engage in proceedings in the forthcoming week". The DMK leader said that during the period, the Houseagenda includes passing of vital bills and budget proposals. Senior advocates Mohan Parasaran and N R Elango mentionedthe matter before the First Bench comprising Chief JusticeSanjay Kishan Kaul and Justice R Mahadevan seeking an urgenthearing. The court, however, said the matter would be heard inregular course and directed them to file their petition. PTICORR VGN APRSC