- (1.) This is a petition filed by six petitioners invoking Article 32 of the Constitution of India. They are members of the Tamil Nadu Legislative Assembly representing different constituencies. By a resolution of the assembly dated 19.02.2015, nineteen members of the assembly, including the six petitioners, have been suspended from the House for the remainder of the period of the then current Session. The resolution suspended the nineteen members for allegedly obstructing the proceedings of the legislative assembly. Subsequently, a Privileges Committee was constituted to inquire into whether the conduct of the members during the incident dated 19.02.2015 amounted to a breach of privilege. The Privileges Committee held that the actions of the six petitioners were a breach of privilege, and recommended the action to be taken against the six petitioners. Such a recommendation was passed by a resolution of the assembly dated 31.03.2015. Through this resolution, the petitioners were suspended for a period of ten days of the next session of the House. Further, it was resolved that the petitioners should not be paid their salaries or given other benefits which are due to them as members of the Legislative Assembly for the period of suspension.
(2.) Aggrieved by the same, the petitioners filed the instant writ petition praying as follows:- a) Issue a writ of order declaring the impugned resolution dated 31.03.2015 passed in the Tamil Nadu Legislative Assembly, as unconstitutional, illegal, null and void. b) Issue a writ of order and strike down the suspension beyond the second period. c) Issue a writ of order and permit the petitioners to use the office and their residential premises. d) Issue a writ of order and restore all benefits other than that which is connected with the house. e) Issue a writ of certiorari calling for the records pertaining to the resolution of the Tamil Nadu Legislative Assembly dated 19.02.2015 and 31.03.2015 in awarding multiple punishments to the petitioners on the file of the first respondent so as to quash the same. f) Issue a writ of order declaring the proceedings of breach of privilege against the petitioner herein, right from commencement of the proceedings by the 2nd respondent herein under Rule 226 of the Tamil Nadu Legislative Assembly framed under Article 208 of Constitution of India to the subsequent proceedings carried out by the privilege committee under rule 229 of the rules including the resolution of the house under rule 229(d) dated 19.02.2015 and 31.03.2015 respectively are illegal, failure to comply with the principles of natural justice, perverse, irrational and violative of the petitioners statutory right under the Tamil Nadu payment of salaries Act, 1951. g) Pass such other/further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
(3.) All the six petitioners are members of a political party known as DMDK.;