Panneerselvam vs Palanisamy: Only majority of MLAs to decide next CM, says constitutional expert

As the state of Tamil Nadu continues to go through a crisis without a stable government, the state is waiting to see which camp will get the magical 118.

Former secretary general to the Lok Sabha and constitutional expert Subhash Kashyap has rubbished the term "magical number 118' and the argument of getting half way mark of MLAs to form the next government.

"It is not the magical 118 which will form the government. All decision in the assembly has to be taken with majority of votes. What is necessary to be chief minister is the majority of vote casts at any point of time of those present and voting. The question of majority of the total membership of voting arises only when the majority of number casts vote against the chief minister," said Kashyap.

"What is necessary is not that total members of voting should be with you, what is absolutely necessary is that majority of the total membership should not be against you and there is a difference. In the composite test 118 is not the winning number but who so ever gets majority votes wins," he added.

ALL EYES ON GOVERNOR

After Sasikala's conviction all eyes are now on Governor C Vidyasagar Rao. Kashyap added that the Governor should at the earliest possible take a decision and that he should call a special session and hold a floor test at the earliest.

According to Kashyap, there is no option as far as the sentiment in the state is concerned everything now has to be resolved constitutionally. He said that the common sentiment does not matter as the constitution is concerned only with the majority wins.

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