DMDK MLAs suspension - questions ahead

            Six MLAs of the Desiya Murpokku Dravidar Kazhagam (DMDK) were suspended from the Assembly for one year for their involvement in the attack on S. Michael Rayappan, Radhapuram MLA, in early February. When Speaker P. Dhanapal announced his ruling, many Opposition parties including Dravida Munnetra Kazhagam (DMK), Communist Party of India (Marxist), Congress and the Puthiya Tamizhagam staged a walk out, shouting slogans against the decision.

Immediately after question hour, chairman of the Privileges Committee and Deputy Speaker Pollachi V. Jayaraman submitted the panel’s recommendations to the House, which were accepted by voice vote amid protests from sections of the Opposition, which wanted a discussion.

Mr. Dhanapal announced that the six members –

·        Mr. V. C. Chandhirakumar (Erode East)

·        Mr. K. Nallathambi (Egmore)

·        Mr. D. Murugesan (Chengalpattu)

·        Mr. S. Senthilkumar (Tiruverumbur)

·        Mr. B. Parthasarathy (Virugambakkam)

·        Mr. R. Arulselvan (Mayiladuthurai)

would remain suspended from the House for one year and would not draw salary or enjoy other concessions entitled to them.

The Speaker said there was no need for discussion on the issue as all members were witness to what happened on February. The video recording of the incident was shown to the privilege panel members to ascertain the identities of those involved. Moreover, the committee, which discussed the issue before coming out with its recommendations, had representations from various parties. While describing the action of the suspended members as unbecoming of their position, the Speaker asked whether the Opposition felt that nothing had happened. He then ordered the suspended members to leave the House.

On February 8, 2013 a clash erupted between loyal DMDK members and rebels who spoke in support of the ruling party. Some of them exchanged blows with Mr. Michael Rayappan. The Speaker referred the issue to the Privileges Committee under Rule 226 of the Assembly Rules after Finance Minister O. Panneerselvam demanded appropriate action, describing the incident as “barbaric and shameful.” The incident took place after a rebel MLA, K. Tamil Azhagan, raising a supplementary query during question hour, asked other members of the DMDK to follow his example in serving the people of the constituency – a reference to his meeting the Chief Minister to discuss constituency matters.

Can they take part in RS polls?

The suspension of six Desiya Murpokku Dravida Kazhagam (DMDK) MLAs has sparked a debate on the question whether the suspended members could take part in the Rajya Sabha elections to be held a few months later. While one school of thought is of the view that the MLAs would not be able to take part in the polls so long as their membership stands suspended, another school says that the punishment of suspension essentially pertains to their functioning as MLAs but cannot be extended to the Rajya Sabha elections, the participation of which does not form part of proceedings of the Assembly.

Asked for his view, Praveen Kumar, Chief Electoral Officer, says that when and if the matter comes up before him, it would be referred to the Election Commission. It is up to the EC to take a final view on the matter. The language used in the resolution that was adopted by the Assembly on the punishment would have to be perused, apart from examining precedents, if any. Technically speaking, the DMDK has 29 MLAs, even though five of them are functioning independent of the line of approach of the party leadership. With the suspension of six MLAs, the effective strength comes down to 23 which includes the five rebel MLAs.

This also triggers a question over the status of the DMDK as an important Opposition party.

Thanks to its original strength, the party was recognised so and its leader, Vijayakant, as Leader of Opposition. As per the Assembly rules, a party which has secured more than quorum strength – (For Tamil Nadu it is 24 seats in the Assembly polls) – will be recognised as a legislature party and the one having the largest number of Members other than the ruling party will be the principal Opposition party.