- (1.) THE petitioner who is a Member of the Tamil Nadu Legislative Assembly (in short 'the Legislative Assembly') has filed this petition, calling in question the resolution dated 19.10.2007 passed by the Legislative Assembly and to quash the same.
(2.) THE main issue between the parties is the consequence of an incident that took place on 18.10.2007 and 19.10.2007 leading to passing of the aforesaid resolution. According to the petitioner who belongs to All India Anna Dravida Munnetra Kazhagam, he has been the Member of the Legislative Assembly representing 141, Tirupparankundram Assembly Constituency right from 13.05.2006, by defeating a candidate belonging to the Communist Party of India (M) by the punishment imposed against him by way of the impugned resolution, he has been prevented from discharging his duties as an elected representative of the Tirupparankundram Assembly Constituency and the impugned resolution has been passed by the first respondent even without serving any notice on him or without calling for any explanation or even without issuing any notice to him and as such, no formal order was ever served on him however, the official residence allotted to him, like any other Member of the Legislative Assembly, was closed, locked and sealed, none of the privileges or payments was issued to him and he has waited so far, hoping that some kind of order would be issued on him, but, till the date of filing of this writ petition, no order has been issued.
(3.) IT is the further case of the petitioner that the Legislative Assembly is scheduled to be convened with the Governor's Address on 23.01.2008 and in order to have an effective participation in the Assembly, he has filed this petition from the newspapers, he came to know that a debate was made on his alleged role in throwing the hat of the Watch and Ward of the Legislative Assembly close to the table of the Speaker and this is denied by him.;