SC quashes TN Assembly’s resolution suspending six DMDK MLAs

Supreme Court on Friday set aside a resolution of the Tamil Nadu Assembly suspending six DMDK legislators for allegedly creating ruckus and attempting to assault the Speaker in the House last year without giving them the chance to defend themselves.

Holding that the principle of natural justice was violated as the MLAs were not provided with the video recording of their conduct, a bench of justices J Chelameswar and Abhay Manohar Sapre quashed the March 31, 2015 resolution of Tamil Nadu Legislative Assembly recommending action against them.

It said the consequence of setting aside the resolution was that the salary and other benefits incidental to the membership of the assembly stand restored to the six MLAs.

“It is the legal obligation of the Privileges Committee to ensure that a copy of the video recording is supplied to the petitioners (MLAs) in order to satisfy the requirements of the principles of natural justice.

“The failure to supply a copy of the video recording or affording an opportunity to the petitioners to view the video recording relied upon by the committee in our view clearly resulted in the violation of the principles of natural justice i.e. a denial of a reasonable opportunity to meet the case,” the bench said.

“We, therefore, have no option but to set aside the impugned resolution dated March 31,2015 passed in the Tamil Nadu Legislative Assembly. The same is accordingly set aside,” the Bench said.