NE LEGAL BUREAU
CHENNAI, JULY 14
Puducherry Congress MLA N Dhanavelou on Tuesday moved the Madras High Court challenging the Assembly Speaker’s order disqualifying him as member of the legislature.
Admitting the plea, Justice K Ravichandrabaabu ordered notices to the office of the Speaker, government whip R K R Anantharaman and the Election Commission returnable in four weeks.
Dhanavelou who had been under suspension since January 16, was disqualified on July 10 for his alleged anti-party activities.
In his petition, the legislator alleged that due opportunity was not provided to him before passing the disqualification order.
“On this sole ground alone, the order is liable to be set aside,” he submitted.
Moreover, the facts of the case do not attract Schedule X (anti-defection law) of the Constitution under which the disqualification order has been passed, he said in the plea.
“The allegations levelled are very general in nature and based on inadmissible evidences. The acts alleged will not attract the anti-defection law,” Dhanavelou submitted.
The order dated July 10 is arbitrary, unreasonable, violation of principles of natural justice and infringes the fundamental rights guaranteed under the Constitution, the petitioner said.
The rebel MLA had been criticising the Congress government in Puducherry for over a year.
He had also levelled charges against the Chief Minister and presented a petition to the Lieutenant Governor Kiran Bedi.
