(1.) Twenty-one Members of the Opposition in the Tamil Nadu Legislative Assembly representing the DMK Party were put to notice by the Speaker for having allegedly breached the privilege of the House while conducting themselves on 19.7.2017, when they raised an issue of accountability of the Government regarding flourishing of the unlawful banned trade of Gutkha in the State by physically displaying Gutkha sachets as well as photographs of certain shops where such items were being sold. It is the case of the petitioners that the sachets and photographs were exhibited in order to emphasize and impress upon the House as well as the Treasury Benches that action deserved to be taken, as the trade was being negotiated in the State of Tamil Nadu under the shadow of a particular Minister of the Government as well as high administrative officials, who were actively involved in the abetment of such unlawful trade.
(2.) It is their contention that no immediate action was either proposed or taken, but the incident dated 18.2.2017 and 22.8.2017 that had created a turmoil within the Ruling Party, prompted the Speaker to mala fidely issue the notices dated 28.8.2017 that are impugned in the writ petitions. The allegation is that on 22.8.2017, 18 MLAs of the Ruling Party, namely, AIADMK, submitted a memorandum to His Excellency the Governor informing him about withdrawing support to the Government headed by the Chief Minister, Mr. Edappadi K. Palaniswami. On 24.8.2017, the Chief Whip of the Government tendered a petition before the Speaker alleging disqualification, on which the Speaker issued notices to all the 18 MLAs. This was followed by a letter written by the Leader of Opposition, Mr. M.K. Stalin, requesting the Governor to direct the Chief Minister to prove his majority on the floor of the House in view of the aforesaid developments.
(3.) The Speaker called for a meeting of the Privileges Committee on 28.8.2017 alleging breach of privilege of the House in respect of the incident referred to above on 19.7.2017, when the petitioners are alleged to have carried with them and displayed Gutkha sachets as well as photographs of the shops that had indulged in selling such banned items. On the very same day, the notices were issued to all the 21 DMK MLAs, whereupon the present writ petitions came to be instituted on 5.9.2017.
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