Chennai, Jun 29 The Tamil Nadu Legislative Assembly secretary on Monday informed the Madras High Court that the petitions against the acceptance of resignation of four AIADMK MLAs by the Speaker, were devoid of merits and were liable to be dismissed.
Assembly secretary R Santi, in her counter affidavit, sought the dismissal of the petitions stating it proceeds on an untenable legal foundation.
The counter affidavit was in response to the petitions filed by AIADMK Whip Agri S S Krishnamurthy, challenging the acceptance of resignation tendered by AIADMK MLAs S Jayakumar, Maragatham Kumaravel, P Sathyabama and Essaki Subaya, by the Speaker.
The first bench comprising Chief Justice S A Dharmadhikari and Justice G Arul Murugan, before whom the counter affidavit was filed, posted to July 13, for further hearing of the case.
Santhi denied the AIADMK's claim that the acceptance of resignation was hasty, mechanical, malafide, biased, colourable.
She said the resignation and disqualification operate in two distinct and independent fields, and the acceptance of resignation does not absolve a Member of the consequences of disqualification in respect of conduct anterior to the resignation.
The disqualification proceedings survive and remain to be adjudicated. The foundation of the writ petitions therefore collapses and the reliefs sought were unsustainable, she added.
Pointing out that the acceptance of the resignation was fully in accordance with the Tamil Nadu Legislative Assembly Rules, she reiterated that the disqualification petitions were pending and were being processed in accordance with law and the Speaker will decide the same within a reasonable time.
After resigning from their memberships of the Assembly last month, the four MLAs joined the ruling TVK.
