Madras High Court rejects plea to ban resigning MLAs from contesting elections

The Madras High Court has dismissed a Public Interest Litigation (PIL) that sought to impose a five-year ban on legislators who voluntarily resign from their posts shortly after being elected. The petition also requested that such individuals be held financially responsible for the costs incurred during subsequent bye-elections.

A division bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan ruled that the court cannot perform a legislative role by creating new punitive or financial regimes. The bench stated that the requested measures, which are not currently part of the Constitution or the Representation of the People Act, 1951, are matters of legislative policy rather than judicial direction.

The court further noted that the Election Commission of India lacks the independent power to add such disqualification conditions and that imposing these rules specifically against the six MLAs named in the plea would violate Article 14 of the Constitution. The ruling ensures that the upcoming bye-elections in the Madurantakam and Dharapuram Assembly segments will proceed.