Single Judge Writ Petition by Traffic Dr. K.R.Ramaswamy against Union and State Officials challenging the actions of the Tamil Nadu Government and Assembly, alleging corruption and unfair conduct, and requesting suspension of the Assembly.
The writ petition was dismissed and closed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2017
CORAM THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR
W.P.No.16181 of 2017
Traffic Dr.K.R.Ramaswamy .. Petitioner
Vs.
1 The Secretary Office of the President of India Rashtrapati Bhawan, President's Estate New Delhi, Delhi - 110 004. 2 The Secretary His Excellency, the Governor of Tamilnadu Raj Bhavan, Chennai – 600 022. 3 The Chief Secretary Government of Tamilnaldu Fort St. George, Chennai – 600 009.
5 The Speaker Tamilnadu Legislative Assembly Fort St. George, Chennai – 600 009.
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to urgently consider the representation sent by the petitioner on 14.6.2017 and take necessary action about the corruption charges against the Honourable Chief Minister Mr.Edapadi Palaniswamy and his group, by Saravanan MLA and suspend the Tamilnadu Assembly for the activities of Chief Minister and Speaker of Tamilnadu Assembly.
For Petitioner : Mr.K.R.Ramasamy Party-in-Person
For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 3 to 6
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
This writ petition, by way of public interest litigation, has been filed by the petitioner seeking consideration of a representation sent by him on 14.6.2017; for necessary action relating to corruption charges levelled against the Chief Minister and his group by Saravanan, a Member of the Legislative Assembly; and for suspension of the Tamil Nadu Assembly.
not an M.L.A. and he was obviously not in the bus.
"I hereby request the Hon'ble Governor of Tamil Nadu on popular public demand to immediately cancel the floor test conducted on 18.02.2017 in the Tamil Nadu State Legislative Assembly considering the ugly sequence of events and the manner in which the 124-odd MLAs were held captive in a resort and escorted to the State Assembly and thereafter fix a date for a secret ballot to be conducted in all fairness with the entire ruling & opposition members to be present in the House and also warn the Assembly Speaker to act in all fairness lest it will be done in presence of the Chief Justice of Tamil Nadu or a retired Judge in India. Also the Director General of Police need to register criminal cases against all those involved in this terror attack on democracy after seizing all evidences including video & CCTV tapes and thus render justice for true democracy.”
The demand/request is totally contrary to the constitutional provisions. It is not for the Chief Justice or for that matter any Judge to preside over Assembly proceedings. The prayer is totally repugnant to the scheme of the Constitution and, in particular, separation of powers envisaged under the Constitution. The allegations are vague and devoid of any particulars.
The writ petition is, therefore, dismissed. No costs. Consequently, W.M.P.No.17478 of 2017 is closed.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
sasi
To:
W.P.No.16181 of 2017
aa12/07/2017
3 issues framed by the court
Whether a writ petition based on vague and unsubstantiated allegations regarding corruption and improper Assembly proceedings can be maintained under Article 226.
Whether the suo motu placing of illuminated photographs of convicted leaders by MLAs violates any provision of law.
Whether a demand for a Judge to preside over Assembly proceedings is consistent with the Constitution.
1 provisions across 1 enactments
Traffic Dr. K.R.Ramaswamy
The Secretary, Office of the President of India
The Secretary, His Excellency, the Governor of Tamilnadu
The Chief Secretary, Government of Tamilnadu
The Home Secretary, Government of Tamilnadu
The Speaker, Tamilnadu Legislative Assembly
Indira Banerjee
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
