Date:27/10/2006 URL: http://www.thehindu.com/2006/10/27/stories/2006102716190600.htm

Tamil Nadu - Chennai

AIADMK plea to disqualify MLA turned down

Special Correspondent

"Member has neither resigned nor violated directions"

CHENNAI: Speaker R. Avudaiappan said on Thursday that the All India Anna Dravida Munnetra Kazhagam petition seeking the disqualification of party MLA representing the Madurai West constituency S.V. Shanmugam had been dismissed, as the Member had neither resigned nor violated the directions of the Whip or the Leader of the Opposition.

Secretary of the Assembly M. Selvaraj conveyed the Speaker's decision in a letter dated October 17 to Deputy Leader of the Opposition O.Paneerselvam and 58 MLAs of the AIADMK, Mr. Avudaiappan told reporters.

In his reply to the AIADMK petition, Mr. Selvaraj said the party had intimated that Mr. Shanmugam had indulged in "various anti-party activities outside the House," by issuing statements and giving media interviews and thus become eligible for disqualification "on the ground of defection in terms of paragraph 2 (1) (a) of the Tenth Schedule of the Constitution."

The AIADMK pleaded with the Speaker that proceedings for Mr. Shanmugam's disqualification could be initiated and the orders declared accordingly, he recalled.

"I am directed by the Hon. Speaker to inform that though the petition has been signed by you, the annexure to the petition and each page of the petition has not been signed, verified and certified in the same manner as laid down under the said rule 6 (6) and (7).

As such, the petition and the enclosures are not in consonance with the requirements enunciated under Sub Rule 6 and 7 of Rule 6 of he Members of the Tamil Nadu Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986. The petition has, therefore, to be dismissed in the first instance under Rule 7 (2)," the letter said.

Mr. Selvaraj further said in his letter that Mr.Shanmugam had neither resigned from the party to which he belonged, nor given any letter of his resignation.

Privilege issue

Replying to a query, Mr. Avudaiappan said Congress Whip Peter Alphonse had brought to his notice that Leader of the Opposition Jayalalithaa had made certain remarks in her recent statement, which breached the privilege of Members. He had to go through the statement and give his views.