HC’s vote ban on TVK MLA ‘atrocious to say the least’: SC | india news

HC's vote ban on TVK MLA 'atrocious to say the least': SC

New Delhi: Hours before the crucial floor test for the TVK government in Tamil Nadu, which has a slim majority in the Assembly, the Vijay government got a boost in its strength. Supreme Court on Wednesday allowed its MLA Srinivas Sethupathi to participate in the floor test and said the Madras HC order barring him from assembly proceedings was “atrocious to say the least”.The bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi stayed the order. Madras High Court Against Sethupathi, who won from Tirupattur constituency by one vote. “This (the High Court order) is atrocious to say the least. The High Court says the remedy is election petition and yet entertains the writ petition,” the bench said at the beginning of the hearing.The Supreme Court accepted the argument of senior lawyer Abhishek Manu Singhvi that the court should intervene to allow the MLA to participate in the floor test. He said that strict action needs to be taken against the HC for passing such an order.“In the meantime, the effect and implementation of the impugned order will be stayed and further proceedings before the High Court in the pending writ petition will also be stayed,” the bench said. Sethupathi approached the Supreme Court through lawyer Yash S Vijay and said that the HC has committed a very serious error in law by completely bypassing this established and binding precedent in passing broad and far-reaching directions in a writ petition. The plea said, “Seventy-five years of constitutional jurisprudence has firmly held that legal challenges questioning elections to a State Legislative Assembly or Parliament are a special category of disputes falling within the full Code of Self-Government under Articles 324 to Article 329 of the Constitution…”

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