NEW DELHI: In a significant order, the Supreme Court on Monday dismissed a plea seeking disqualification of six AIADMK MLAs who voted against the party whip and then voluntarily resigned to join the ruling Tamilaga Vettri Kazhagam (TVK).
"Somebody resigns and becomes minister, it's part of political process. Sorry. We are not passing any order on the plea," said a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, who rejected a writ petition filed by one M Srinivasan, through advocate K Suthan, challenging a Madras High Court order dismissing his plea.
The petitioner sought directions to the CBI to register an FIR (First Information Report) against former AIADMK MLAs N Anand alias Bussy N Anand, K Maragatham Kumaravel, S Jayakumar, P Sathyabama and E Subaya alias Esakki Subaya for allegedly indulging in horse trading to prove majority in the TN Assembly.
The apex court termed the entire sequence a "part of political process" and declined to interfere, after noting that the "plea was without merits."
The matter concerned six legislators of the All India Anna Dravida Munnetra Kazhagam (AIADMK) who had voted against the party whip during a crucial vote in the Assembly and subsequently tendered their resignations. Days later, they joined the TVK led by Chief Minister C Joseph Vijay. The court order was a big relief for these 6 AIADMK MLAs.
The petitioner argued before the apex court that this was a calculated move to circumvent anti-defection law and that the Speaker should not have accepted their resignations but should have proceeded with disqualification. It sought a direction to declare their action illegal and to disqualify them from contesting future elections.
The Bench, however, held that since the MLAs resigned voluntarily and did not continue as members after violating the whip, the rigours of the Tenth Schedule would not apply in the same manner. It noted that resignation ends membership of the House and the subsequent joining of another party is a political decision in a democracy.
The apex court also took note that the Speaker had accepted the resignations and notified the vacancies, making the plea infructuous. "Political realignments after elections are common and courts cannot step in to regulate political morality unless law is violated," the bench added.
The dismissal brings closure to the controversy and is seen as a boost for Chief Minister C Joseph Vijay-led TVK government, which has seen several opposition MLAs joining its fold after the 2026 State Assembly polls.