Madras HC to decide maintainability of petition calling for Floor Test of TN govt

A writ petition has been filed in the Madras High Court seeking a direction to the Governor of Tamil Nadu to invite the state government to prove its majority through a floor test.

. The matter came up today before the First Bench of Chief Justice Indira Banerjee and Justice M Sundar .

. The petition filed by Advocate P Pugalenthi contends that the state government, led by Chief Minister E Palaniswamy, no longer holds majority support. In February this year, the AIADMK had formed the government after 122 MLAs pledged their support for the party.

. However, 19 MLAs withdrew their support through letters to the Governor in August. It has been submitted that as a result, the incumbent government no longer holds majority support and is hence not eligible to govern the state.

. The letters were received by the Governor on August 22. On the same day, the Governor also received a letter sent by Leader of the Opposition, MK Stalin, whereby it was requested that he direct Chief Minister Palaniswamy to prove his majority in the Legislative Assembly. The Governor however refused to intervene in the matter, citing that it is a party issue .

. Pugalenthi has contended that the inaction on the part of the Governor would pave the way for horse-trading among members of the Tamil Nadu Legislative Assembly, and therefore, would be destructive to public interest. It was argued today that to allow a government that does not enjoy majority support is illegal and would adversely affect the interests of the citizenry.

. Advocate General Vijay Narayan , inter alia , has argued that the petitioner is not entitled to come before the Court on this matter. Article 174 of the Constitution does not call for the intervention of the Governor in what is essentially a matter concerning the internal affairs of the political party.

. In this regard, it was pointed out that the MLAs had withdrawn their support for the Chief Minister and not for the state government. This does not entail a failure of constitutional machinery so as to warrant the intervention of the Governor. The AG also relied on the case of Nabam Rebia & Bamang Felix v. Dy. Speaker, Arunachal Pradesh Legislative Assembly to make his case.

. The Court has directed that the matter be listed on October 3 to decide on the question of maintainability.

. In the meanwhile it has been reported that 111 MLAs of the party have pledged their support for the incumbent Chief Minister in a party meeting held today.

. Read Writ Petition below.

Madras HC to decide maintainability of petition calling for Floor Test of TN govt

Meera Emmanuel