Notice to defected AIADMK MLAs : Assembly Speaker Audaiyappan

Tamil Nadu Assembly speaker R Avudaiyappan on Monday said, that he sent notice to two AIADMK MLA's, who are facing action on anti-defection law for their act to attend DMK General Council Meet last month.

Mr Avudaiyappan said that he forwarded the complaint given by Mr K A Sengottian, assembly whip of AIADMK, seeking disqualication of Kovilpatti Radhakrishnan and Jayamkondam Rajendran whom defected to DMK along with a notice and directed them to reply to the allegation.

Speaker further said, the budget session of the assembly will be held in the new assembly complex in the middle of March.

The AIADMK, the main opposition party in the Tamil Nadu Assembly, sought the disqualification of two of its legislators, L. Radhakrishnan and K. Rajendran, on grounds of defection.

Last MonthAIADMK whip K.A. Sengottaiyan submitted two petitions to the Speaker R. Avudaiappan, saying that the two MLAs had voluntarily given up the membership of the AIADMK and defected to the DMK by participating in the general council meeting presided over by Chief Minister M. Karunanidhi.

Mr. Sengottaiyan pointed out that earlier the two MLAs had met the Chief Minister and the Deputy Chief Minister M.K.Stalin to show their allegiance and loyalty to the DMK, though they were elected on behalf of the AIADMK.

The petitions were presented in terms of the Tenth Schedule of the Constitution of India, read with rule 6 of the members of the Tamil Nadu Legislative Assembly (Disqualification on Ground of Defection) Rules 1986.

Mr. Radhakrishnan was elected from the Koilpatti constituency while Mr. Rajendran won from the Jayankondan constituency.

“The rulings of various courts indicate that voluntarily giving up of the membership of a party need not be in writing and the same can be judiciously inferred and visualised by the conduct of the person,” Mr. Sengottaiyan said. Arguing that both Mr. Radhakrishnan and Mr. Rajendran had attracted disqualification in terms of 2 (1) (a) of the Tenth Schedule of the Constitution of India by voluntarily giving up the membership of the AIADMK, Mr. Sengottaiyan said the two legislators had so far not denied their participation in the general council meeting of the DMK “as its members.”

Disqualification on the ground of voluntarily giving up membership as enumerated in the Tenth Schedule could mean giving up the membership outside the House too, he said.

- Asian Tribune -