Some of the disqualified AIADMK MLAs at the State Secretariat in Chennai. File. | Photo Credit: K.V. Srinivasan

27 June 2018 12:25 IST

Justice Vimala was earlier appointed as the third judge

The Supreme Court on Wednesday appointed Justice M. Sathyanarayanan of the Madras High Court to decide on the plea by 18 AIADMK MLAs challenging their disqualification under the anti-defection law.

A vacation bench of Justice Arun Mishra and Justice Sanjay Kishan Kaul also declined the disqualified MLAs’ plea to transfer the matter to the apex court.

The MLAs had moved the Supreme Court against the June 14 verdict of the Madras High Court in which it gave a split verdict on the petitions challenging the disqualification of the 18 members loyal to sidelined party leader T.T.V. Dhinakaran.

Advertising

Advertising

“We consider it appropriate to assign the case on difference of opinion to Justice M. Sathyanarayanan. He will hear the matter and decide on it,” the Supreme Court said.

Mr. Justice Sathyanarayanan will replace HC judge S. Vimala, who was nominated to hear the matter following the split verdict.

“We make it clear that this casts no aspersion on the judge who had been appointed to hear the matter merely because we have appointed another judge of the High Court of Madras,” the top court said.

It, however, took exception to insinuations made against Justice Vimala in the plea by the MLAs. The bench directed senior advocate Vikas Singh, appearing for the MLAs, to remove the remarks from the petition.

The senior advocate had alleged that people had come to know about the third judge through WhatsApp even before her name was formally announced.

On June 14, a Division Bench of the High Court, comprising Chief Justice Indira Banerjee and Justice M. Sundar delivered divergent verdicts on whether the 18 MLAs deserved to be disqualified under the anti-defection law by Speaker P. Dhanapal on September 18, 2017 for approaching the Governor and seeking the removal of Chief Minister Edappadi K. Palaniswami.

On June 14, a Division Bench of the High Court, comprising Chief Justice Indira Banerjee and Justice M. Sundar delivered divergent verdicts in the case. While Chief Justice Banerjee upheld the Speaker’s decision but Justice Sundar quashed it.