G VISWANATHAN AZHAGU THIRUNAVUKKARASU Vs. HONBLE SPEAKER TAMIL NADU LEGISLATIVE ASSEMBLY MADRAS ANOTHER:HONBLE SPEAKER TAMIL NADU LEGISLATIVE ASSEMBLY MADRAS ANOTHER

JUDGEMENT

(1.) -Special leave granted.

(2.) The appellants are two members of the Tamil Nadu Legislative Assembly elected in the general elections held in 1991. Both of them were candidates set up by All India Anna Dravida Munnetra Khazhagam (for short 'AIADMK'). Mr. Viswanathan was elected from Aroct Legislative Assembly constituency whereas Mr. Azhagu Thirunavukkarasu was elected from Orathanadu constituency. Both of them were expelled from AIADMK party on January 8,1984. In March 16,1994 the Speaker of Tamil Nadu Legislative Assembly(for short 'Assembly')declared the two appellants as 'unattached' member of the Assembly. 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. On March 6, 1995 the Secretary Legislative Assembly issued a notice under Rule 7 of the Tamil Nadu Assembly (Disqualification on Ground of Defections) Rules, 1986 and called for the comments of the appellants on the representation made by the Subburethninam to disqualify them. The appellants filed Writ Petitions Nos. 3562 and 3563/95 in the High Court of Judicature at Madras and assailed the said notice of the Secretary of the Assembly, dated March 6,1995. Sivaraj Patil, J. By order dated March 10,1995 dismissed the writ petitions with the following observations:

(3.) 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 not apply to them. 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. The Speaker considered the entire matter in detail and disposed of the same by separate but similar orders dated April 20, 1995. In paragraph 14 thereof, the Speaker stated thus: