O Panneerselvam resigned from the CM's post to make way for Sasikala Now, he wishes to return to the seat, but what about the resignation? A clause in the Constitution may actually come to his rescue.
O Panneerselvam is in a strange place in Tamil Nadu politics. He has rebelled for sure, but his little uprising really has nowhere to go.
While the TN Governor is certainly proving to be very accommodating of all of his requests, at the end of the day, at some point, the Governor will have to ask for a floor vote.
It is the elected representatives that have the right to select their leader, the Chief Minister, of the state. And for now, Sasikala has the numbers. Some 130 MLAs support her on paper, and she needs only 117 to prove a majority.
So if Panneerselvam is not very sure of his numbers (he has the open support of barely five or ten MLAs), then is there anything else he is depending on?
The key idea here is his declaration that he was forced to sign his resignation. Whether he was actually forced or that he simply changed his mind after two days is a mystery that shall endure. What matters is that for the sake of the official record, he ensured everyone knew that he was 'forced' to resign.
Perhaps what Panneerselvam is depending on is Article 190(3)b of the Indian Constitution. Here is what it says -
(b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his seat shall thereupon becomes vacant: Provided that in the case of any resignation referred to in sub clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
The operative words here are - if from information received the Speaker feels the resignation was not voluntary or genuine, he shall not accept such a resignation.
Now technically, in the case of Panneerselvam, the Governor has already accepted his resignation. but should the Governor choose to do it, he may stretch legalities a little and agree to declare Panneerselvam's resignation null and void.
Such a move would not only restore Panneerselvam as CM, but give him a little breathing space as well. The Governor can then give Panneerselvam a few days, or perhaps even a few weeks, to go find a majority for himself in the House. Of course, despite all of that Sasikala may return as CM after all, but at least for now, it will be advantage Panneerselvam.
Reports indicate that Panneerselvam has pointed out this clause to the Governor. Now the Governor is consulting his own legal experts, so time will tell if he will accept the argument.
