A split verdict from the Madras High Court on the disqualification of 18 dissident AIADMK MLAs has now given an upper hand to Chief Minister Edappadi K. Palaniswami, while T.T.V. Dhinakaran and his supporters have begun playing to the gallery to score a few political points. Nonetheless, both the camps are at the mercy of the High Court as a judicial review by a competent court alone can solve the political crisis in the state as of now.
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According to paragraph six of the Anti-defection Law, the speaker’s decision becomes final, and only a judicial review by a competent court, either by upholding or dismissing the speaker’s decision, can give relief to the 18 MLAs. It may be noted that even the speaker cannot alter or reverse his own decision.
On his return from Delhi after participating in the NITI Aayog's governing council meeting, CM Palaniswami was all smiles. He was cheerful not because of his meeting with Prime Minister Narendra Modi and other chief ministers in Delhi, but because of the confusions that have begun plaguing the Dhinakaran camp. On Saturday, one of the 18 disqualified MLAs in Dhinakaran camp, Thanga Tamil Selvan, known to be one of Dhinakaran's lieutenants, announced that he would soon move court, requesting withdrawal of his original petition challenging his disqualification.
His statement came in as a surprise for both the camps. Selvan said ever since he was disqualified in September last year, he could not serve the people of his constituency as their representative. “I do not want this situation to last any longer. I do not want any legal remedy anymore. I prefer to face a byelection. I will withdraw my petition in the court challenging my disqualification,” he said. Though he sounded frustrated, Selvan's statement betrayed the mood in Dhinakaran camp.
A day after Selvan announced his wish to withdraw his petition, an elated Palaniswami said all the 18 MLAs can come back to the parent party if they wished to do so. “We will take them back into the party, though we cannot promise them any positions,” he added.
Reacting to the chief minister's comment, Selvan said Amma Makkal Munnetra Kazhagam is the most popular party in the state as of now and added that he has no plan to go back to the ruling camp.
However, considering the legal options, Dhinakaran camp is on the receiving end now. “According to para (6) of the Anti-defection Law, even the speaker cannot revoke his decision of disqualifying the MLAs. Only a competent court—a High Court or the Supreme Court—can dismiss or uphold his decision,” said advocate K.M. Vijayan. While Selvan has the right to withdraw his petition from the court, he may not be able to contest any byelection. “According to article 191(2) of the Constitution of India, a disqualified MLA cannot contest any byelection till the tenure of the existing assembly,” Vijayan pointed out.
In such a situation, the Palaniswami-Panneerselvam duo can consolidate the party in the run-up to the 2019 Lok Sabha elections as the rank and file will have no option but to rally behind the two. And Palaniswami's ability to keep the flock together by distributing fruits of power can sure help him stay in power.
Dhinakaran's position, however, has become untenable once again, as the 18 MLAs will have to find replacements for themselves to contest bypolls if the speaker’s decision is upheld by the third judge. Even if the court dismisses the petitions, keeping the flock together will turn out to be a tough task for Dhinakaran.