The judge also asked the advocate general to get instructions from the Speaker on the apprehension of the petitioner that the government would call for a floor test after disqualifying the 19 rebel MLAs andadjourned it to afternoon.
Rajendran had sought their disqualification after the 19 MLAs petitioned Governor Ch Vidyasagar Rao to remove Chief Minister K Palaniswami following the merger of factions led by Palaniswami and O Panneerselvam, now Deputy Chief Minister.
To this, the Court asked what action was being taken against the MLAs as the notice period, seeking explanation from them, ended today.
The Madras High Court on Thursday said there should not be a floor test in Tamil Nadu Assembly till 20 September.
On his rival AIADMK camp's criticism that he has joined hands with DMK in his tussle against Palanisamy, Dhinakaran said "there is no direct or indirect alliance with that party".
"I have 21 MLAs with me and these are the MLAs who did not attend Tuesday's meeting", Dinakaran said. By doing so, Palanisamy may not require to garner the required support of 117 MLAs to win the trust vote, he said.More news: Motel 6 receives backlash for response to immigration report
One seat is vacant since the death of Chief Minister J. Jayalalithaa previous year.
Besides, the 98 MLAs of the DMK and its allies in the opposition had expressed their "unequivocal no-confidence" in the government, it said, adding, "Hence, it is clear that the the government has lost its majority". They later shifted to a resort in Coorg in Karnataka and are since staying there.
A group of MPs and MLAs owing allegiance to the Dinakaran faction told the Chief Election Commissioner and Election Commissioners that according to the AIADMK by-laws, a general council meeting can be convened only by the general secretary or a person authorised by the top office-bearer. "You (EPS-OPS) claim you have the support of party workers, so if you have the guts, let us face fresh elections", he said.
Senior ruling party leader and Deputy Speaker Pollachi V Jayaraman hit out at Stalin for desiring to become an "instant Chief Minister", and mocked at him saying it will remain a "pipe dream".
Vijila Sathyananth, of the Dhinakaran faction, told the media in Chennai that the faction would soon hold a general council meet of the party after the consent of their general secretary - VK Sasikala.