On Tuesday, Tamil Nadu was edged into a crisis when caretaker Chief Minister O Panneerselvam declared that he was forced to resign by VK Sasikala, the aide of former Chief Minister J Jayalalithaa. Two days earlier, the Anna Dravida Munnetra Kazhagam’s legislative party had elected Sasikala as its new leader. However, Sasikala claimed the opposition Dravida Munnetra Kazhagam was behind Panneerselvam’s dissent and that she had the support of the majority of MLAs in the AIADMK.
Scroll.in attempts to answer a few questions, both legal and political, that have cropped up after Panneerselvam’s dramatic declarations:
What is the status of the Tamil Nadu government after Tuesday’s developments?
After Panneerselvam submitted his resignation on Sunday, acting Governor Vidayasagar Rao asked him to continue as the caretaker chief minister. So, Tamil Nadu currently has a caretaker government. But since a tussle has broken out between Panneerselvam and party general secretary Sasikala, there is no coordination between the caretaker chief minister and his cabinet colleagues, who have all sided with Sasikala. Therefore, the state’s political leadership is facing a paralysis of sorts.
How many MLAs support Sasikala?
To prove that Sasikala has the support of the majority of party legislators, a meeting was held at the AIADMK headquarters in Chennai on Wednesday morning. Party spokespersons claimed 131 of their 135 MLAs attended the meeting and reiterated their support to Sasikala. They were later shifted to a hotel, ostensibly to ensure that no horse trading takes place.
However, unless a letter of support is made public, it would be difficult to say how many MLAs support Sasikala and how many back Panneerselvam. Either side needs 117 MLAs to form the government.
The state Assembly now has 233 elected members, after the 234th, J Jayalalithaa, died.
What about support for Panneerselvam?
Panneerselvam’s side has not come out with claims of support from any MLA. However, since the AIADMK spokespersons have said that 131 MLAs backed Sasikala, it could be assumed that Panneerselvam has the support of only three MLAs apart from himself.
What is the role of the governor in this process?
As per the Constitution, the governor has to invite the leader with the majority support of the legislative party to form the government. Article 164 (1) states that the “chief minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.”
Why has the governor not invited Sasikala to form the government?
In an interview to News 18 on Wednesday, Sasikala claimed the letter of support from the legislators was promptly sent to the acting governor Vidayasagar Rao on Sunday afternoon and a reminder was also sent on Tuesday. But the governor had not replied. The Congress has alleged political reasons for the governor’s silence, with senior leader Abishek Manu Singhvi claiming that the Centre was “trying to fish in troubled waters”. The accusation was that the BJP-led Centre was trying to facilitate horse trading of MLAs and help Panneerselvam.
However, the BJP has dismissed such claims. Union Minister Venkaiah Naidu said the governor knows his duties and there was no necessity for the Centre to intervene. However, the Constitution provides the governor with discretionary powers and decisions made based on use of discretionary powers is beyond judicial review. In the case of Sasikala, since the verdict in the disproportionate wealth case, in which she is an accused, is set to be delivered by the Supreme Court next week, the governor could have avoided the swearing-in for the judgement.
Can Panneerselvam withdraw his resignation?
Panneerselvam said on Tuesday that he would take back his resignation if the people of Tamil Nadu and party MLAs wanted him to. However, constitutionally this might not be possible since his resignation has been accepted by the governor. Further, since Panneerselvam doesn’t seem to have the support of the majority MLAs, if at all a withdrawal of his resignation is allowed, he would be forced to prove his support in the Assembly.
What will happen next?
Governor Vidayasagar Rao is expected to return to Chennai on Thursday. Since Sasikala claims to enjoy the majority support, the governor would likely invite her to form the government. Alternatively, he also has the option of meeting her and ensuring that the date for the swearing-in is fixed in such a manner that it happens after the Supreme Court delivers its verdict in the illegal wealth case involving Sasikala. However, it is to be noted that a conviction in the case will disqualify her from becoming chief minister since the case involves charges under the Prevention of Corruption Act.
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