NEW DELHI: The Supreme Court Tuesday took into consideration the present COVID-19 scenario and deferred listening to on DMK‘s petition in quest of course to the Tamil Nadu Speaker to forthwith come to a decision its pending plea for disqualification of 11 AIADMK lawmakers who had voted towards Chief Minister K Palaniswami all over the 2017 self belief vote.

DMK, in its recent plea, has sought a course to Assembly speaker P Dhanapal to come to a decision its plea, pending since March 20, 2017, in quest of disqualification of the 11 lawmakers together with Deputy Chief Minister O Panneerselvam beneath anti-defection regulation for vote casting towards the Palaniswami govt.

A bench headed by way of Chief Justice S A Bobde in short heard senior suggest Kapil Sibal, showing for the DMK, and requested the suggest for the opposite facet as to why the Speaker was once now not appearing at the disqualification plea.

Sibal, assisted by way of legal professional Amit Anand Tiwari, mentioned that the COVID-19-induced lockdown came about best from March 24 and the Speaker has now not taken any considerable step sooner than that.

The submission was once adverse by way of senior suggest Mukul Rohatgi.

The bench, additionally comprising Justices M R Shah and A S Bopanna, mentioned all over the listening to carried out by way of video-conferencing that it’ll listing the petition after 15 days taking a look at COVID-19 scenario.

The DMK referred to an previous order of the highest courtroom which had disposed of the plea after paying attention to the submission that the Speaker has initiated lawsuits at the disqualification plea.

The plea has sought a course to carry the “deliberate action” of the Speaker in now not deciding the “disqualification petition” as “arbitrary and violative” basic rights and constitutional schemes.

“Issue a writ…directing Respondent No. 2 (Speaker) to declare that Respondent Nos. 3-13 (11 AIADMK MLAs) are disqualified or in the alternative, direct the Speaker to decide the disqualification petition forthwith,” mentioned the plea filed thru R Sakkrapani, whip of DMK in Assembly.

DMK referred to an apex courtroom order in any other case during which it had ordered forthwith removing of BJP lawmaker and Manipur Forest Cabinet Minister TH Shyamkumar, restraining him from getting into the Assembly until additional orders.

The apex courtroom had invoked its plenary energy beneath Article 142 of the Constitution to take away a cupboard minister from any govt because the Assembly speaker may now not come to a decision the disqualification plea regardless of its particular instructions.

“For the closing 3 years and three months, speaker (R-2) has now not determined the problem. This state of being inactive of the Respondent no 2 assumes larger importance in view of the truth that within the previous spherical of litigation, sooner than this Court vide an order dated February 14, speaker was once requested to come to a decision the disqualification petitions in line with regulation.

“Despite that nothing has been done for last 4 months, whereas the law requires the Speaker to decide a petition from disqualification within an outer limit of three months,” the plea mentioned.

The speaker has “continued to sit over the issue” and the endeavor given by way of the Advocate General on his behalf was once now not adopted in letter and spirit, it mentioned.

The plea has sought disqualification of Panneerselvam and 10 others for having voted towards the Palaniswami govt after they had been within the rebellion camp.

It had contended that by way of vote casting towards the agree with movement, those MLAs violated the whip issued by way of the ruling birthday celebration and therefore attracted disqualification beneath the anti-defection regulation.

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