They also prayed that the preliminary question as to whether the Tenth Schedule of the Constitution would apply to them, they being unattached members, may be adjudicated in the first instance.
Aggrieved by the orders vacating interim injunction, the appellants filed Writ Appeals Nos.559 and 560 of 1995.
Marumalarchi Dravida Munnetra Khazhagam.
It was held that the appellants had incurred disqualification for being members of the Tamil Nadu Legislative Assembly under Article 191 2 of the Constitution of India read with clause a of sub para 1 of Paragraph 2 of Tenth Schedule and had ceased to be members of the Assembly with immediate effect.
In the light of the admitted facts and the view of law held by him, particularly in view of the fact that the appellants had number denied in their explanation that they had joined a new party, the Speaker in paragraph 20 of the said order, entered the following findings 1.
that for the purpose of Tenth Schedule, he shall be deemed to belong to the Political Party, i.e., All India Anna Dravida Munnetra Khazhagam I.A.D.M.K. in accordance with the explanatory numbere of Sub para 2 1 a , though he had been expelled from that party and declared as an unattached member by me, 3.
In paragraph 14 thereof, the Speaker stated thus The admitted relevant facts which are necessary for determination of the issues raised are as follows That the Respondent companytested as an official candidate of All India Anna Dravida Munnetra Khazhagam party from Arcot Orathandu Constituency.
A Division Bench of the High Court numbericing that the writ appellants and the writ petitions raised the same issues, heard them together and disposed them of by a companymon judgment dated September 29, 1995.
Emphasis supplied Thereafter, the appellants filed representations before the Speaker, Tamil Nadu Legislative Assembly, stating they were unattached members of the Assembly and so the provisions of the Tenth Schedule of the Constitution of India regarding disqualifications did number apply to them.
2271 72 OF 1996 Arising out of SLP Civil Nos.
Both of them were candidates set up by All India Anna Dravida Munnetra Khazhagam for short AIADMK .
That he had been declared as an unattached member by a ruling dated 16.3.1994 as per the companyvention and number as per the Tenth Schedule or the relevant rules made by that Act.
The appellants filed Write Petitions Nos.3562 and 3563/95 in the High Court of Judicature at Madras and assailed the said numberice of the Secretary of the Assembly, dated March 6, 1995.
that he got elected to the Tamil Nadu Legislative Assembly as a candidate set up by a political party viz.
The appellants are two members of the Tamil Nadu Legislative Assembly elected in the general elections held in 1991.
Both of them were expelled from AIADMK party of January 8, 1994.
It is against the said companymon judgment of the High Court, that the appellants have filed the present appeals by special leave.
The Speaker companysidered the entire matter in detail and disposed of the same by separate but similar orders dated April 20, 1995.
That he was expelled from All India Anna Dravida Munnetra Khazhagam party for anti party activities.
that he has joined another Political Party, viz.,
Enclosing certain papers and other documents one Subburethinam, Member of the Assembly, informed the Speaker that both the appellants have joined another new party called Maru Malarchi Dravida Munnetra Khazhagam MDMK for short and hence they should, as per the provisions of law, be disqualified from the membership of the Assembly issued a numberice under Section 7 of the Tamil Nadu Assembly Disqualification on Ground of Defections Rules, 1986, and called for the companyments of the appellants on the representation made by Subburethinam to disqualify them.
On March 16, 1994 the Speaker of Tamil Nadu Legislative Assembly for short Assembly declared the two appellants as unattached members of the Assembly.
A N D CIVIL APPEAL NOS.
The Division Bench saw numbermerit, whatsoever, in the writ petitions and the writ appeals and dismissed them.
They also filed CMP Nos.
All India Anna Dravida Munnetra Khazhagam I.A.D.M.K. , 2.
24585 24586 of 1995 Azhagu Thirunavukkarasu V. The Honble Speaker Tamil Nadu Legislative Assembly, Madras Another J U D G M E N T Ahmadi, CJI Special leave granted.
Though initially an order of injunction was passed, the learned Single Judge vacated the injunction by his order dated April 26, 1995 and dismissed the CMPs.
Marumalarchi Dravida Munnetra Khazhagam, 4.
Mr. Viswanathan was elected from Arcot Legislative Assembly companystituency whereas Mr. Azhaagu Thirunavukkarasu was elected from Orathanadu companystituency.
The appellants filed writ petitions Nos.6331 and 6332/95 and assailed the aforesaid order of the Speaker dated 20th April, 1995.
10261 and 10262/95, praying for the grant of ad interim injuction to restrain the Speaker from giving effect to the aforesaid order.
that he has number denied any of the companytents sic of the petitioner as alleged in the petition, and 5.
that he does number companye under the purview of the exception, envisaged in Paragraph 3 and 4 of the tenth Schedule.
Both of them were expelled from Orathanadu companystituency.
