Actor-turned-politician and AIADMK legislator S. Karunas has sent a notice to the Tamil Nadu Legislative Assembly Secretary K. Srinivasan, seeking removal of Speaker P. Dhanapal under Article 179(c) of the Constitution. In his notice, the Thiruvadanai MLA has requested the secretary's office to move a resolution as per Rule 68 of the Tamil Nadu State Legislative Assembly.
“Speaker P. Dhanapal is not acting in accordance with the Constitution and legal principles. He is acting in a biased and partisan manner while conducting assembly proceedings as well as discharging the constitutional duties as a speaker. He is not acting as an independent authority who is holding a high constitutional position. There are numerous acts of Mr P. Dhanapal demonstrating that he is not fit to hold the Office of the Honourable Speaker of the Tamil Nadu State Legislative Assembly. Moreover, he is also acting in a partisan and biased manner in the matters relating to the 10th schedule of the Indian Constitution," said Karunas in his letter.
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According to sources, Karunas has also sent a copy of the notice to the speaker. The notice has come out at a time when the speaker has been holding marathon meetings with his party colleagues, including Chief Minister Edappadi K. Palaniswami and Deputy Chief Minister O. Panneerselvam, to take action against Karunas and three other MLAs who have pledged their support to T.T.V. Dhinakaran.
As per the Constitution, support of 35 MLAs is needed for the admission of a motion for the removal of the speaker. Though Karunas is an independent MLA, who contested in AIADMK’s two-leaves symbol, he might get the support of the DMK MLAs.
A smart move?
Karunas’s notice seeking admission for a motion against the speaker is regarded as a smart move by other MLAs. “We didn’t do this, when the speaker disqualified us. It is indeed a smart move, as the speaker cannot proceed with disqualification when a notice of resolution to remove him from office is pending,” said one of the 18 disqualified MLAs.
It would be constitutionally impermissible for a speaker to adjudicate upon disqualification petitions under the tenth schedule of the Constitution when a notice of resolution for his own removal from the office is pending. This was spelt out by a Constitution bench of the Supreme Court in the Nabam Rebia case.
Sources said the assembly secretary’s office refused to accept the notice sent by Karunas. However, sources close to the MLA said he had sent it on Tuesday itself by registered post.
Meanwhile, Karunas was admitted to a private hospital in Chennai on Wednesday morning after he complained of chest pain. He was hospitalised hours after a team of policemen from Tirunelveli came looking for him on Tuesday night in connection with a case based on a complaint filed in October 2017. The complaint said that Karunas and his party cadres had attacked vehicles of the Tamil Nadu Thevar Peravai office-bearers last year in the district. The Tiruneveli police had also registered a case against him for indulging in violence during the birth anniversary of Puli Thevan. Karunas had sought anticipatory bail in the Madurai bench of the Madras High Court.