SECRETARY, TAMIL NADU LEGISLATIVE ASSEMBLY Vs. P. SIVAKUMAR

JUDGEMENT

(1.) The Show Cause Notice, originally issued by the Secretary Tamil Nadu Legislative Assembly, to the then members of the opposition party, were previously under challenge and the Division Bench of this Court, through Common Order, dtd. 25/8/2020, set aside the Show Cause Notice, granting liberty to the Tamil Nadu Legislative Assembly to issue fresh Notice in compliance with the Tamil Nadu Legislative Assembly Rules.

(2.) Consequently, Second Show Cause Notices (herein after referred as 'SCN') were issued to the Respondents in the present Writ Appeals on 7/9/2020, on the issue of breach of privileges calling upon them to submit their respective explanations. The second 'SCN' issued to the Respondents herein were under challenge before the Writ Court. The Writ Court allowed the Writ Petitions by setting aside the 'SCN' issued to the Respondents, which resulted in Institution of present Intra-Court Appeals by the Secretary, Tamil Nadu Legislative Assembly.

(3.) The learned Advocate General, Mr. P.S. Raman contended that the 'SCN' became lapsed on account of expiry of the term of the Assembly in the year 2021. Therefore, the 'SCN' need not be proceeded with. This Court intervened on the ground that the 'SCN' had been issued by the Privilege Committee and admittedly the proceedings have not reached finality.