Chennai: A Member of Parliament from the Dravida Munnetra Kazhagam (DMK) has asserted that the votes secured by Chief Minister C. Joseph Vijay in the recent confidence motion were legally questionable. P. Wilson, a Rajya Sabha Member and senior advocate, contends that the reported count of 144 votes is subject to legal debate, particularly if certain MLAs are disqualified under anti-defection laws.
Legal Challenges to Confidence Vote
According to details received by The Chenab Times, Wilson argued that if the 25 AIADMK rebels and one lone AMMK rebel are disqualified under the Tenth Schedule of the Constitution, the uncontested total would fall to 118. He highlighted that Edappadi K. Palaniswami, the general secretary of the AIADMK, had issued a clear directive to his party members to vote against the motion, a mandate that is considered a clear diktat under the law. Despite these directives, a faction of AIADMK MLAs, led by S.P. Velumani and C. Ve. Shanmugam, reportedly voted in favour of the Tamilaga Vettri Kazhagam (TVK) government.
Wilson further pointed out that the Speaker permitted the dissenting AIADMK group to cast their votes in favour of the TVK, which critics argue could be a violation of the Tamil Nadu Legislative Assembly (TNLA) Rules. Legal experts suggest that if these procedural decisions are challenged before the Governor or a court, the 26 votes could potentially be declared illegal. The Speaker, it is argued, could have appointed a committee to investigate allegations of ‘cash-for-votes’, a procedure previously approved by the Supreme Court in the Raja Ram Pal case.
Political Landscape and AIADMK Rift
The confidence motion, which the TVK government led by Chief Minister Vijay won with 144 votes in favour and 22 against, was marked by a walkout from the DMK and visible divisions within the All India Anna Dravida Munnetra Kazhagam (AIADMK). While 22 AIADMK MLAs aligned with party chief Edappadi K. Palaniswami voted against the government, 25 legislators from a faction backed the confidence motion, exposing a significant split within the party. The DMK staged a walkout before the vote, accusing the government of ‘horse trading’ and questioning the legitimacy of the rebel AIADMK support.
Information was available with The Chenab Times that after the trust vote, Edappadi K. Palaniswami reportedly removed 26 leaders, including 12 legislators, from all party posts and appointed his own choices to replace them. Palaniswami alleged that the government was formed by luring some AIADMK members with ministerial posts and board appointments. He asserted that AIADMK lawmakers were elected under the party’s ‘Two Leaves’ symbol and that betraying the party would be against the law and justice.
However, Shanmugam, speaking on behalf of the rebel AIADMK faction, claimed that 25 AIADMK MLAs supported Vijay and accused Palaniswami of lying. He stated that the letter appointing legislative party leaders, whip, and treasurer, purportedly issued by Palaniswami to the Speaker, was fake.
The Tamil Nadu Assembly, a 234-member house, saw the TVK government secure 144 votes. This included support from alliance partners and the rebel AIADMK faction. The DMK, the main opposition, abstained from voting after staging a walkout. The political developments also come amid a backdrop of legal challenges concerning individual MLAs. In a separate development, the Madras High Court had previously barred a TVK MLA from voting in confidence motions due to electoral anomalies in his closely contested election, a decision that was later taken up by the Supreme Court.
Despite the controversy surrounding the vote count and the internal strife within the AIADMK, P. Wilson acknowledged that the TVK government would have secured a majority in the House even without the contested votes. This would be through the combined votes of his party (DMK), the Congress, and other DMK allies, who extended their support to avoid the imposition of President’s rule in Tamil Nadu.
The Chenab Times News Desk