Chennai: In a reprieve to the ruling TVK govt in Tamil Nadu, the Madras high court on Friday dismissed pleas moved by AIADMK whip Agri S Krishnamurthy and others challenging the Assembly speaker’s decision to accept the resignations of six AIADMK MLAs.
The court asserted that the high court possesses the power under Article 226 of the Constitution to intervene where the speaker fails to decide disqualification proceedings within a reasonable period.
Apparently, their acceptance and the consequential declaration of vacancies are constitutionally valid,” the court said. “In the peculiar circumstances, a time-bound mandamus is being issued directing the speaker to conclude the disqualification proceedings finally within two months,” the court said. Addressing the issue as to whether the speaker was obligated to conduct a proper detailed inquiry before accepting the resignations of the defecting MLAs, the court said, “Under the sky, there is no room for speculations or presumptions for expecting the court or the speaker to inquire into the reasons behind the resignation or conduct any roving enquiry in relation thereof.
“The speaker of Tamil Nadu legislative assembly was not required to undertake a roving or fishing inquiry into the alleged motives behind them. The enquiry is only for the limited purpose of ascertaining whether the resignation is genuinely prepared and being tendered by the person concerned himself or through his authorised representative and whether it is not under duress, compulsion or undue influence. ”