Supreme Court Dismisses Plea Against Six Former AIADMK MLAs
The bench observes that resignations and ministerial appointments are part of the political process, while disqualification proceedings remain subject to a time-bound decision.
- Supreme Court dismisses plea against six resignations
- Bench calls resignations part of political process
- Two-month deadline set for disqualification proceedings
- Two former AIADMK MLAs win TVK bypolls
GG News Bureau
New Delhi, 26th Oct: The Supreme Court on Monday dismissed a plea challenging the resignations of six AIADMK MLAs who later joined the ruling Tamilaga Vettri Kazhagam (TVK), led by Tamil Nadu Chief Minister C. Joseph Vijay.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana rejected the petition filed by advocate K. Suthan against a Madras High Court order. During the hearing, the bench observed, “Somebody resigns and becomes minister, it’s part of political process.”
The plea challenged the resignations of the six legislators, who had been elected on AIADMK tickets in the April 2026 Tamil Nadu Assembly elections. They resigned after voting against the party whip and subsequently joined TVK.
Court Upholds Acceptance Of Resignations
The Madras High Court had dismissed a public interest litigation seeking an “Election Expenditure Security” mechanism. The proposed mechanism would have required legislators who voluntarily resigned and later contested by-elections to deposit an amount equivalent to the public expenditure incurred on conducting those elections.
The High Court observed that the right to resign from a legislative Assembly seat forms part of the constitutional framework and cannot be subjected to additional conditions imposed through judicial orders.
In a separate order on October 13, the High Court upheld Tamil Nadu Assembly Speaker JCD Prabhakar’s decision to accept the six resignations. It held that the resignations were genuine and voluntary, and that their acceptance was constitutionally valid.
The court also clarified that the pendency of disqualification proceedings did not prevent the Speaker from accepting the resignations, as resignation and disqualification are distinct constitutional processes.
Disqualification Proceedings To Continue
The High Court directed the Speaker to conclude the pending disqualification proceedings within two months. The direction followed a petition filed by AIADMK whip Krishnamurthy seeking the disqualification of S. Jayakumar, Maragatham Kumaravel, P. Sathyabama and Esakki Subaya.
The court said accepting the resignations did not automatically render the disqualification proceedings infructuous. It also noted that the High Court could intervene under Article 226 of the Constitution if the Speaker failed to decide the matter within a reasonable period.
The six MLAs resigned on different dates between May 25 and June 29, 2026. S. Jayakumar, Maragatham Kumaravel and P. Sathyabama resigned on May 25, followed by Esakki Subaya on May 26. C. Vijayabhaskar resigned on June 16, while M. R. Vijayabhaskar resigned on June 29.
Maragatham Kumaravel and Sathyabama later won the October 6 by-elections from Madurantakam and Dharapuram, respectively, as TVK candidates.
The Supreme Court bench also considered a petition filed by Krishnamurthy and a PIL by Desiya Makkal Sakthi Katchi. The proceedings concern the constitutional distinction between voluntary resignation from a legislative seat and disqualification for defying a party whip.
