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Ms.INDIRA BANERJEE, CHIEF JUSTICE All these writ petitions, are directed against an order dated 18.9.2017 of the Speaker of the Tamil Nadu Legislative Assembly declaring the writ petitioners, eighteen in number, as disqualified from the membership of the Tamil Nadu Legislative Assembly on the ground that they had voluntarily given up the membership of the All India Anna Dravida Munnetra Kazhagam (AIADMK) party.

2. The issues involved in all these writ petitions being identical, the writ petitions were heard together and are now being disposed of by this common judgment and order. The facts giving rise to the impugned order of the Speaker are set out briefly hereinafter.

8. In the meanwhile, on 20.3.2017, some of the writ petitioners filed petitions before the Speaker of the Tamil Nadu Legislative Assembly for disqualification of Mr.O.Panneerselvam and ten others from the membership of the Tamil Nadu Legislative Assembly, under Paragraph 2(1)(b) of the Tenth Schedule for having voted against the party directive to support its Chief Minister. No notice has yet been issued on the said petition. According to the writ petitioners, they moved the application after waiting for thirty days, which was beyond the period of fifteen days, within which voting against whip and/or directive of the party could be condoned.

27. Relying on the judgment of the Supreme Court in Balachandra L.Jarikholi and others v. B.S.Yeddyurappa and others, reported in (2011) 7 SCC 1, the writ petitioners contend that the proceedings initiated against the writ petitioners for disqualification are illegal and without jurisdiction.

28. On behalf of different sets of writ petitioners, arguments were advanced by Mr.Abhishek Manu Singhvi, Senior Advocate and Mr.P.S.Raman. Senior Advocate. The Speaker, Tamil Nadu Legislative Assembly and the Secretary, Legislative Assembly Secretariat were represented by Mr.C.Aryama Sundaram, Senior Advocate. The Chief Government Whip, Tamil Nadu Legislative Assembly was represented by Mr.Mukul Rohatgi, Senior Advocate and the Chief Minister, Government of Tamil Nadu was represented by Mr.C.S.Vaidhyanathan, Senior Advocate.

8. Rules. - (1) Subject to the provisions of sub-paragraph (2) of this paragraph, the Chairman or the Speaker of a House may make rules for giving effect to the provisions of this Schedule .....

230. In exercise of powers conferred by Paragraph 8 of the Tenth Schedule of the Constitution of India, the Speaker, Tamil Nadu Legislative Assembly has framed The Members of the Tamil Nadu Legislative Assembly (Disqualification on ground of Defection) Rules, 1986. Rules 6, 7 and 8 of the Disqualification Rules are set out hereinafter for convenience: