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4 clusters · 11 sources · 27 days · First seen · Last updated

Madras High Court rulings on MLA resignations

Overview

The Madras High Court has addressed legal challenges regarding the resignation of elected Members of the Legislative Assembly (MLAs) following general elections.

Initially, the court declined to stay bye-elections in the Madurantakam and Dharapuram constituencies but criticized the practice of resigning representatives. A division bench remarked that such resignations constitute an “insult to voters” and questioned if the Election Commission of India should establish guidelines to prevent the process from becoming a “mockery of democracy.” This legal scrutiny followed the resignation of six AIADMK MLAs who joined the Tamilaga Vettri Kazhagam (TVK), with some former MLAs contesting by-elections in the seats they recently vacated.

In a ruling dismissing a Public Interest Litigation (PIL), a division bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan rejected requests to impose a five-year ban on legislators who voluntarily resign shortly after being elected, or to hold them financially responsible for bye-election costs. The court stated it cannot perform a legislative role by creating new punitive regimes, noting such measures are matters of legislative policy lacking a basis in the Constitution or the Representation of the People Act, 1951. The court also noted that targeting the six specific MLAs named in the plea would violate Article 14 of the Constitution.

Further legal proceedings are expected as the court prepares to rule on petitions challenging Assembly Speaker JCD Prabhakar’s decision to accept the resignations. Petitioners, including AIADMK Whip Agri Krishnamurthy, argue the resignations were accepted without proper inquiry while disqualification proceedings were pending due to allegations that the MLAs violated the party whip by supporting the TVK government. The resigned MLAs, including Maragatham Kumaravel and P Sathyabhama, have since won by-elections in the Maduranthakam and Dharapuram constituencies under the TVK banner.

Entities

Madras High Court · AIADMK · Tamilaga Vettri Kazhagam · Election Commission of India · Sushrut Arvind Dharmadhikari

Claims

What the coverage asserts, and how many sources carry each claim.

Timeline

  1. [POLITICS] 5 sources
    Madras High Court to rule on resignation of six AIADMK MLAs

    The Madras High Court will rule on petitions challenging the acceptance of resignations from six AIADMK MLAs, who are accused of violating party whips to support the TVK government.

  2. [POLITICS] 3 sources
    Madras High Court rejects plea to ban resigning MLAs from contesting elections

    The Madras High Court dismissed a plea seeking to ban and fine MLAs who resign shortly after election, ruling that creating such punitive electoral laws is a legislative function, not a judicial one.

  3. [POLITICS] 5 sources
    Madras High Court: Only Parliament can bar resigned MLAs from bypolls

    The Madras High Court ruled that only Parliament can legislate to bar resigned MLAs from contesting by-elections or to mandate the recovery of election expenses.

  4. [POLITICS] 2 sources
    Madras High Court criticizes MLA resignations as mockery of democracy

    The Madras High Court refused to stay bye-elections in Madurantakam and Dharapuram, while criticizing MLA resignations as an “insult to voters” and a “mockery of democracy.”

Sources

barandbench.com · deccanchronicle.com · desitalkchicago.com · devdiscourse.com · dtnext.in · hindutamil.in · lawchakra.in · liveLaw.in · newindianexpress.com · news18.com · newstodaynet.com

This summary has been updated 3 times: see revision history