EPS Sacks CV Shanmugam, Others From AIADMK Posts After Pro-Vijay Vote

The AIADMK said today that they have applied for the disqualification of 24 MLAs -- who voted in favour of Tamil Nadu Chief Minister Vijay earlier today -- under the anti-defection law. The party said they have ignored a whip issued yesterday that ordered them to vote against the TVK government, which had to prove its numbers on the floor of the House today.

Vijay, whose party had 105 MLAs -- Vijay gave up one seat, one was the Speaker and one was barred from voting by the court after his victory was challenged -- was backed by 144 lawmakers while 22 voted against them. Five MLAs had abstained from voting. The 59 MLAs of MK Stalin's DMK had walked out.

"Since around 25 members acted against the whip, they are liable for losing their posts under the anti-defection law... We have submitted a petition today seeking their disqualification. If they (the rebels) vote against the whip issued by the party, the anti-defection law will apply to them," said the AIADMK, whose senior leaders held a press conference in Chennai today.

"A complaint has to be filed by the political party. We have now submitted that complaint," the AIADMK leaders said, underscoring that they have applied for relieving CV Shanmugam, SP Velumani, C Vijaybhaskar and others from their party posts. 

The rebel group has dug in its heels, arguing there was no discussion with the newly elected MLAs for the appointment of the whip. So the appointment was illegal and there was no question of obeying the whip. 

"AIADMK general secretary Palaniswami says we have voted against Whip order. This is completely wrong statement. Legally this is not maintainable," said Shanmugan.

"The General Secretary cannot appoint a Whip directly. Newly elected MLAs should be called for the meeting. In that meeting, the Legislature Leader, Deputy Legislature Leader and WHIP will get elected. This is law. But EPS says he appointed the Whip. He cannot appoint the Whip," he added.

Palaniswami has appointed Agri Krishnamurthy as the whip, who also has to be recognised by the new Speaker. 

In case of a split in the party, it is the duty of the Speaker to ascertain who appointed the whip and when and hear both sides, the Supreme Court had said after hearing the case of Maharashtra when Speaker Rahul Narvekar had decided on the disqualification petition of 16 Sena MLAs.

The court had said that his move to take cognisance of only the resolution passed by the Eknath Shinde group and appoint Bharat Gogawale as Chief Whip of the Shiv Sena was "illegal". 

The top court also said the Whip to be appointed by the political party is "crucial for the sustenance of the Tenth Schedule of the Constitution," and "the entire structure would crumble if this requirement is not complied with."

In the current situation, MLAs from both factions have written to the Speaker, contending that the post of the chief of the Legislature Party go to them. The Speaker, who was appointed yesterday, is yet to respond. 

Whichever way the decision goes, the matter is likely to end up in court, party sources have suggested.