SC junks challenge to TN speaker's call to accept ADMK plea to condone 21 'rebels'
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The Supreme Court declined to hear a petition by an AIADMK party worker challenging the Tamil Nadu Speaker's decision to withdraw disqualification proceedings against 21 legislators who defied party orders to support a confidence motion, stating that internal party matters in a coalition government should be resolved politically unless the Speaker's decision is palpably unconstitutional.
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Why It Matters
The AIADMK party had initially filed disqualification petitions against 21 of its legislators who defied party orders to vote for a confidence motion moved by the governing TVK party in a coalition government. The Tamil Nadu Speaker accepted the party's plea to withdraw these petitions, prompting the AIADMK worker to challenge the decision in court.
NEW DELHI: The Supreme Court Friday refused to entertain an AIADMK party worker's petition challenging the Tamil Nadu speaker's decision to accept AIADMK's plea to withdraw disqualification petitions against 21 of its legislators who had defied party orders and voted for the confidence motion moved by the governing TVK. A bench headed by Chief Justice of India Surya Kant said when the party, to which the MLAs belonged, has condoned the lapse and withdrawn its petitions seeking their disqualification, a person who is not even an MLA cannot challenge the speaker's decision.
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The petitioner said that by their very conduct, the 25 MLAs, of whom four have resigned, have indulged in anti-party activity and are liable for disqualification under the anti-defection law. The Supreme Court bench said in a multi-party democracy like India, political dynamics in a coalition govt must be left to the political parties and decisions in this regard by the speaker, unless palpably unconstitutional, cannot be interfered with by the courts. The Madras high court had earlier dismissed the appellant's writ petition against the speaker's order dropping disqualification proceedings against the 21 MLAs.
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Open Questions
- Whether the 21 MLAs who voted against the party whip will face any internal party disciplinary action
- If the Speaker's decision to withdraw disqualification proceedings will be subject to further legal review in other forums
- How this ruling impacts the interpretation of the anti-defection law in coalition governments