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Viduthalai Chiruthaigal Katchi (VCK) MP Ravikumar has warned Chief Minister C Joseph Vijay amid speculations that the rebel All India Anna Dravida Munnetra Kazhagam (AIADMK) MLAs may be inducted into the Cabinet. In a statement released on May 15 Ravikumar said that while there is no immediate constitutional bar, such a move would raise “serious questions about political morality and ethical propriety”.
Ravikumar added that such a move could attract disqualification under the anti-defection law.
Referring to the Supreme Court’s ruling in the Subhash Desai vs. State of Maharashtra case, he said the authority to appoint a party whip rests solely with the political party and not the legislature party.
His remarks come amid speculation that some of the 25 AIADMK MLAs who backed Vijay in the recently held trust vote, contrary to the party whip’s directions, could be accommodated in the Cabinet.
The rebel MLAs are currently engaged in a political standoff with their party’s general secretary Edappadi K Palaniswami (EPS), who has accused them of supporting the government in expectations of ministerial posts. On May 12, they were removed from their party posts.
Ravikumar said EPS, as the AIADMK general secretary, alone has the authority to appoint the party whip. The whip’s directions are binding upon all AIADMK MLAs, Ravikumar added.
He said MLAs who voted against the whip are liable to face proceedings under paragraph 2 of the Tenth Schedule of the Constitution. Pointing out that there is presently no immediate constitutional prohibition against appointing such MLAs as ministers, Ravikumar added, “However, legality alone cannot be the sole test in matters affecting constitutional morality and democratic ethics.”
Ravikumar suggested that if Vijay intends to induct the rebel MLAs into the Cabinet, the “constitutionally cleaner course” would be for them to resign, formally join the Tamilaga Vettri Kazhagam (TVK), and seek a fresh mandate through by-elections.
“Ultimately, the decisive question is political rather than legal,” Ravikumar said, asking whether the public would accept such defections and re-elect the MLAs under a different party banner.