Friday, February 10, 2017

Political instability and Legal tangle in Tamil Nadu

The resignation of Chief Minister O.Pannerselvam has thrown TamilNadu in to disarray. Not long ago when the late CM Jayalalitha was hospitalised the state administration was almost paralysed for 75 days.  People of the sate heaved a sigh of relief when the party in power managed to remain in tact and managed to tide over an anticipated leadership crisis and formed the government. But the state had to face the fury of nature -the Varda storm .The administration handled the situation in a praiseworthy manner. Monsoon failure and failure to resolve the Cauvery issue satisfactorily has created a huge set back to the farming community. At this juncture there was a huge public upsurge over the Jallikattu issue. The OPS led government handled it with great prudence and won the appreciation of every one. With in a short span OPS managed to create at least the semblance that a responsible and functional government was in power.

It was at this time the foreboded factionalism of the party came to fore with Sasikala staking claims to replace OPS and become the CM with the unconditional support of all their legislative assembly members. It was a paradox that OPS himself had to propose her name as the Leader of the party in the legislature. He submitted his resignation and it was promptly accepted by the governor.  A Damocles sword is hanging over the head of Sasikala. Sasikala's appeal in the DA case is pending in the Supreme Court. To confound the confusion SC announced that judgment will be delivered in the DA case during the course of this week. Two days after the event OPS comes out with a statement, after doing a prayer to  late CM Jayalalitha's soul at her memorial. He said he was coerced to submit his resignation and if required he would withdraw his resignation and prove his majority in a floor test.

The governor Mr.Visyasagar Rao was at Ooty in Tamilnadu at the time of the resignation of the CM. When a constitutional crisis was brewing in the state the governor goes to Delhi   then to Mumbai and returns to Chennai after 4 days. It is believed the governor did this to consult legal luminaries about the extraordinary situation in TN and to attend a wedding at Mumbai. Whatever may be the reason; this could be interpreted as a delaying tactis by the governor.

In the meantime 6 MLA's and few party functionaries extended support OPS. To stall further erosion in the number of her supporters Sasikala takes her supporters to a resort and restricts their movements.

Now, my surmise on how this extraordinary situation could unfold

1. OPS is pinning hope on the following.

1)      At the floor test few disgruntled MLA's, those who owe allegiance to him and fence sitters could vote in his favour. He assumes he would get the support of at least 15 MLA's .At the time of writing this 6 MLA's have shifted their loyalty to the OPS camp. Including OPS ,now his camp has a numerical strength of 7
2)      Hopes that the DMK and congress combine would back and rescue him to dislodge Sasikala in the event of a floor test

3)      If 1 and 2 happens then he could successfully stall Sasikala from becoming the CM .That is his immediate goal. He knows it would be a pretty uphill task for him to form the government.

2. Sasikala's immediate goal is to retain the support of MLA's held in captivity and capture power. She has her own doubts as to how many of them would back her, if they are allowed to exercise their free will.
  
 Sasikala pins her hope on the following
   
1)      At the present moment, her's is the single largest party. She is officially elected as the Legislative party leader and the governor is duty bound to call her to form the government as per the constitution.

2)      This government has another 4 and half years term. Most of her MLA's are fisrt time MLA's and they would not want to face another election in 6 month's time and risk their chances of getting elected next time

3)      So they would at any cost support her. Besides her strong coterie, strong in the literal sense of the word, can retain her flock together .Who would like to lose the privileges of being a minister or an MLA

4)      OPS can not muster enough MLA's to form and stake claim to form a government on his own.

    3. DMK's role

 Obviously DMK is trying to fish in the troubled waters.

1)      DMK does not want Sasikala to come to power .To achieve this end, they are even prepared to support OPS to stall Sasikala from becoming the CM

2)      Only with this plan in mind DMK is hoping for a split among AIADMK MLA's and expects OPS to win the favour of at least 15 MLA's

3)      They tacitly encourage OPS by saying that in case of a floor test they would support OPS and not Sasikala

    But my reading on how DMK would behave is as follows

    DMK will have three plans, plan A  plan B  and Plan C

  

 Plan A

 If governor invites Sasikala to form the government, they will align with OPS faction and vote against the confidence motion

Plan B

In case the governor asks OPS to prove his majority through a floor test , this is most unlikely, they would vote in favour of the confidence motion, irrespective of the outcome of the motion.

    
 Plan C

In case the SC verdict goes against Sasikala and she is not able to form the government. What could happen?

1)      The governor could ask AIADMK led by Saiskala to elect another alternate Leader for their legislative party, since it would still be the largest single party. But in the event of such a situation, the split in AIADMK could widen and deepen. More AIADMK MLA's could switch loyalties between OPS and Sasikala.    Neither of them would have a simple majority to form the government. At such a juncture, the DMK could become the largest single party. Yet they will fall short of few MLA's to form the government. They can not encourage defection, since the Anti defection law would attract disqualification of those MLA's.

2)      The DMK also would not like to face another election so soon .It remains to be seen as to how the DMK would do behind the scene maneuverings then.

3)      Their best option then would be to give an issue based support to an OPS led government .But here the moot question is why should DMK with its a fairly good strength in the assembly support OPS to become the CM?

4)      They can not expect support to form a government with the support of either factions of the AIADMK. They would also not like President's rule to be imposed. DMK is also not interested in facing another election so soon. More so for two reasons. They canot be sure what would be the outcome of the next election. It could well be a fractured mandate.
   
What would the governor do?

The governor can use his discretionary powers and not call Sasikala to form the government on two scores.
1)      There is a split in the party and the majority can be established only on the floor of the house and not by physically presenting the MLA's
2)      SC verdict, which is supposed to be delivered with in a matter of days could go against her and disqualify her.
3)      If the verdict is against Sasikala, he can ask AIADMK to elect another leader other than Sasikala as CM designate.
4)      Such a move could deepen the split and the governor could recommend for presidents rule much to dismay of all the political parties

Let us wait and watch how this would unfold. Unfortunately TN an important Indian state has a Acting governor holding additional charge, a Pro tem CM and a care taker government.

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