Breach of privilege proceedings against MLAs can continue even after dissolution of Assembly: Madras High Court

Madras High Court rules breach of privilege proceedings against MLAs can continue post-Assembly dissolution, ensuring accountability and respect.

The Madras High Court on Wednesday, July 31, 2024 held that the breach of privilege proceedings initiated against Members of the Legislative Assembly (MLAs) can continue even after the dissolution of the Assembly to which they had been elected and that such incomplete proceedings cannot be considered to have lapsed after the election of the next Assembly.

Justices S.M. Subramaniam and C. Kumarappan said, the purpose of granting certain privileges to the House would become meaningless if the proceedings had to be considered to have lapsed along with the completion of the tenure of a particular Assembly. They also said, the MLAs might not take the privileges seriously if the law was interpreted in such a manner.

Stating that the Legislative Assembly was a floor to voice out the concerns of the people, the Division Bench said, the sovereignty and dignity of the House must be valued in the interests of the people who had elected their representatives. “Issues such as breach of privilege cannot be washed away after the dissolution of each Assembly,” the Bench added.

The observations were made 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 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 Division Bench held that the single judge ought to have quashed the show cause notices issued to the DMK MLAs. It remitted the matter back to the present Speaker as well as the Committee of Privileges for continuing the proceedigns and taking a final decision on merits.

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.