Chennai, July 31 The Madras High Court on Wednesday said that the breach of privilege proceedings initiated against elected legislators continues even after the dissolution of the Assembly to which they have been elected.
A division bench, comprising Justice S. M. Subramaniam and Justice C.Kumarappan, said that certain privileges to the Assembly would become meaningless if the proceedings lapse during the completion of the tenure of the elected Assembly.
The division bench said that the sovereignty and dignity of the House must be valued in the interests of the people who had elected their representatives and added that issues such as breach of privilege cannot be washed away after the dissolution of each Assembly.
The court made these observations while allowing writ appeals filed in 2021 by the then Legislative Assembly Secretary as well as the chairman of the Committee of Privileges against a single judge's 2020 order quashing the show cause notices issued to incumbent Chief Minister M. K. Stalin and 18 other DMK MLAs for having displayed gutkha sachets in the Assembly in July 2017.
The judges rejected the argument of the DMK MLAs that the proceedings initiated during the 15th Legislative Assembly, which was dissolved in May 2021, cannot be continued during the tenure of the present 16th Legislative Assembly.
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