No Transfer Of AIADMK Rebels' Appeal, But Top Court Gives Alternative

The rebel lawmakers of AIADMK who wanted a transfer of their appeal for reinstatement in face of a split verdict by the Madras High Court, was given a firm no today by the Supreme Court. The judges, however, provided a way out, replacing the third judge appointed in the case by the Madras High Court with its own choice. Till the verdict comes, the lawmakers will remain disqualified, which gives a breather to the government of E Palaniswami.

Disqualified by the Speaker in September ahead of a trust vote against the Palaniswami government, the rebel lawmakers, who support TTV Dhinakaran, had approached the High Court. But on June 14, the two judges returned a split verdict, following which Justice S Vimala was appointed. The top court has now named Justice M Sathyanarayanan as the third judge.

The appeal for transfer of the case came because the High Court has given no time frame for a decision. The top court has also rejected the rebel lawmakers' plea for speedy disposal of the case, saying it was a call the High Court had to take.

The petitioners contended that they would not get a fair hearing in Tamil Nadu because the respondents - Chief Minister E Palaniswami and his deputy O Panneerselvam -- are very influential. Alleging bias and a conflict of interest, the petitioners also said Justice Vimala's daughter-in-law has recently been appointed as the state government's lawyer.

The Supreme Court asked the petitioners to withdraw remarks against the judge and expunged the remarks.

The ruling AIADMK has 116 lawmakers besides the Speaker in the 234-member assembly. Recently, three others transferred allegiance to Mr Dhinakaran, further shrinking Mr Palaniswami's numbers.

If the rebels are reinstated, the state government faces collapse. If the disqualification stands, the government is safe, since it brings down the effective strength of the house to 215, leaving the majority mark at 108.

The lawmakers were disqualified by the Speaker after they wrote to then Governor C Vidyasagar Rao, withdrawing support to Mr Palaniswami and asking for his replacement. They, however, had made it clear they were not withdrawing support to the AIADMK government.