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  • Category: Tamil Nadu

    The speaker of Tamilnadu Assembly acted differently -Agree or Disagree

    Members,
    This is to discuss the recent political development.
    Situation:
    AIADMK party head(JJ) who held the CM post died. A minister(OPS) who held the CM post earlier when the Head(JJ) went to Jail, was made the CM. The party selected a person (VKS) who was a close friend to the former CM as the Party General Secretary. The new party GS(VKS) made the CM(OPS) to resign. OPS Obliged. Later VKS was announced as the CM of Tamilnadu. The new party GS(VKS) removed Mr OPS from his party treasurer post. OPS stunned and opened up his eyes and realised that he has done a mistake of resigning his CM post. He went to the governor and pleaded to withdraw his resignation. VKS too submitted her letter to form the government with the support of AIADMK MLAs numbering over 118 which is required to prove her stand. All the MLAs were kept locked in a resort at Koovathur near Kanchipuram. The TN governor waited for the Supreme Court verdict on VKS's DA case. The Supreme Court convicted VKS and imprisoned her for four years, and she was sent to Bangalore Jail. Before going to jail, VKS appointed her proxy Mr. EPS as CM. And she expelled OPS and his group from the party.

    It was a tussle between OPS and EPS. Both OPS and EPS met the governor and submitted their letter to form the government. Since EPS had the majority number of supporting MLAs, he invited Mr. EPS for form the government and prove his majority on the floor within 15 days.

    The speaker of the TN assembly fixed a day for the floor test. Until then the MLAs were under the custody at Koovathur holiday resort. On the appointed day, all the MLAs were brought to the Assembly hall. Both the ruling and opposition MLAs were present in the Assembly.

    After the confidence motion was moved by the CM Mr. EPS, the opposition leader Mr. Stalin requested the Speaker to set the MLAs free to reach their respective constituencies, and to conduct the floor test after a week. And also requested for a secret voting as the MLAs were confined in a resort under compulsion. Mr OPS was not allowed speak.

    The Speaker rejected the request. The opposition MLAs sat on a dharna. The Speaker expelled them from the Assembly hall, and conducted the floor test with a head count. The Speaker declared Mr EPS as the CM for having won the floor test by 122 seats against the requirement of 118.

    The opposition leaders and their supporters went on a dharna at Marina beach, and were arrested by the police.

    The discussion should be:
    1.Whether the Opposition MLAs were right in demanding the floor test after a week and the secret voting.
    2. Whether the Speaker was right to deny the demands of the opposition leaders.
    3. Was it right for the MLAs to protest against the speaker in the Assembly.
    4. Was it right for the Speaker to expel the opposition members?
    5. Was it right for the Speaker to conduct the floor test in the absence of opposition parties?
    6. Is the selection of CM is valid or invalid?
    7. What should be the decision by the governor?

    @ You should start with your answer 'AGREE or DISAGREE, and Your Answers should be in the order of questions 1 to 7 with due justification.
  • #591211
    1.Whether the Opposition MLAs were right in demanding the floor test after a week and the secret voting.
    Yes I agree. The opposition was in right path to demand secret voting as the MLA's were kept hostage against their wishes.

    2. Whether the Speaker was right to deny the demands of the opposition leaders.
    The Speaker has erred here. In Democracy the leader of the opposition is also of a Cabinet rank Minister and his voice must be heard or at least convinced him citing speaker rights.

    3. Was it right for the MLAs to protest against the speaker in the Assembly.
    Of course when the rights of opposition was curtailed , chaos bound do happen inside the house

    4. Was it right for the Speaker to expel the opposition members?
    Again speaker erred here. What for this session was called for ? To give confidence vote, then how can the speaker expel the opposition. That means ulterior motives exposed.

    5. Was it right for the Speaker to conduct the floor test in the absence of opposition parties?
    That is very much wrong. Instead the speaker could have gone to Koovathur resort and done this. Why should there be an assembly at all ?

    6. Is the selection of CM is valid or invalid?
    I say this CM was managed but not elected whole halfheartedly. The MLA's were clearly coerced and managed.

    7. What should be the decision by the governor?
    If the governor is sensible to the wishes of the Tamil Nadu people and their pride, better cancel this government and order President rule for four years and then go for election along with general elections.

    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #591218
    If anyone of us think that the action by the Speaker of the TN state assembly is wrong, the action by the various speakers of the state assemblies of other states are also wrong. Take for example, the attitude of the Govt. of AP and its Assembly speaker towards the cine actress turned MLA Roja. She was suspended for one year and the request for its revoke by the Leader of the Opposition was denied. Those who have protested against the action were suspended for a week. Such instances are still there in other states also. The speaker who happens to be the member of the ruling party can't act independently and would sing the same tunes of the leader of the house.

    What happened during the UPA regime? Even Sonia Gandhi adopted the same measure to win the bifurcation vote of united AP and sent our her own MPs in the same fashion. Even today the NDA government is also using the same formula as it has no proper support in the Rajya Sabha.

    The Speaker is the highest constitutional authority as far as the Legislature is concerned and with these extra powers as the courts also won't interfere in their proceedings, the nexus between the Speaker and the ruling party has gone to an unlimited pitch these days everywhere. High intellectuals and constitutional experts should think once again about the lacuna in the system in the light of the TN events.

    Regards,
    Jagdish

  • #591223
    Although the Speaker of a Legislative Assembly is supposed to conduct the proceeding independently, in actuality, he/she is a member of the ruling party. I think the Speaker of Tamilnadu Assembly is a member of Sasikala group. So, he has conducted the Assembly proceeding keeping the interest of his faction (EPS faction). It may not be ethical, but it is not astonishing.
    Caution: Explosive. Handle with care.


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