VIJAYAKANT Vs. TAMIL NADU LEGISLATIVE ASSEMBLY REP BY ITS SECRETARY SECRETARIAT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) The Petitioner is an elected Member of the Legislative Assembly from Rishivanthiyam Assembly Constituency. He is also the leader of the Opposition, by virtue of being elected as the leader of the D.M.D.K. party which has the largest number of elected members other than the party which formed the Government. He has come up with the above Writ Petition, challenging the resolution of the Tamil Nadu State Legislative Assembly, suspending him for a period often days. I have heard Mr. P.S. Raman, learned Senior Counsel representing Dr. S. Manimaran, learned Counsel for the Petitioner, Mr. Guru Krishna Kumar, learned Additional Advocate General appearing for the First Respondent and Mr. A. Navaneetha Krishnan, learned Advocate General assisting the Court as Amicus Curiae.

(2.) On 01.02.2012, an incident happened in the House of the State Legislative Assembly, when the discussion on the motion of thanks to the Governor's address was in progress. Immediately, the Speaker evicted the Petitioner and all the elected members belonging to his party viz., The Desiya Murpokku Dravida Kazhagam (in short "DMDK") from the House and referred the matter to the Privileges Committee. On the evening of the same day, namely, 01.02.2012, the Privileges Committee met and decided to call upon the Petitioner to explain his conduct that was perceived by them as a misconduct. Accordingly, a notice was issued by the First Respondent herein calling upon the Petitioner to appear before the Privileges Committee on 02.02.2012 at 9 am to offer his explanation.

(3.) The Petitioner did not appear in person before the Privileges Committee on 02.02.2012. Instead, he submitted a reply. After taking his reply on record, the Privileges Committee came to the conclusion that the Petitioner and the other elected members belonging to the aforesaid party committed a breach of privilege of the House. Therefore, it appears that the Privileges Committee submitted a report immediately, recommending the suspension of the Petitioner for a period of ten days from the service of the House. The report of the Committee was presented to the House immediately and a supplementary agenda was included in the listed business of the House for considering the report of the Privileges Committee. Thereafter, the House was informed that due to lack of time, sufficient printed copies of the report could not be circulated and that five copies of the report were made ready and placed in the Legislative Library for the perusal of the members. But, a copy was furnished to the Deputy Leader of the DMDK party in the House.