CHENNAI: The Madras High Court on Wednesday issued notices to the Speaker of the Tamil Nadu Legislative Assembly and other respondents on petitions filed by the AIADMK challenging his decision to accept the resignations of four of its MLAs, who later joined the ruling TVK, as a result of horse trading.
The first bench, comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan, also ordered notices to the Assembly Secretary, the Election Commission of India, the Chief Electoral Officer of Tamil Nadu and the four MLAs concerned, Maragatham Kumaravel, S Jayakumar, P Sathyabama and Esakki Subaya, directing them to file their replies.
The petitions were filed by AIADMK whip Agri S S Krishnamurthi, challenging the Speaker's decision to accept the resignations while disqualification proceedings against the four MLAs were pending.
He also sought a stay on all further proceedings arising from the declaration of vacancies in the constituencies, a direction to the Election Commission of India not to issue any notification or conduct by-elections, and the quashing of the Speaker's decision to accept the resignations.
However, the bench did not grant any interim relief against the Speaker's decision and adjourned the hearing to June 29, 2026.
Narrating the chain of events that unfolded after 25 of the party's 47 MLAs allegedly indulged in cross voting to support the fledgling TVK government during the confidence motion on May 13, 2026, in violation of the party whip, senior counsel V Giri, appearing for the petitioners, submitted that the submission of resignation letters, acceptance of the resignations, induction of the four MLAs into the TVK through the issuance of membership cards, and publication of the gazette notification all took place on the same day, May 25, 2026.
“Article 190 3 (b) of the Constitution prescribes how the resignation of the elected MLAs shall be handled. The Speaker shall conduct an enquiry as per the Constitutional provisions, but here he did not hold the enquiry,” the counsel said.
He further submitted that the four MLAs were accompanied by a large group of people, including TVK functionaries, when they submitted their resignation letters to the Speaker and subsequently celebrated the resignations.
This, he argued, disclosed that the resignations were made with “an intention”, amounting to “horse trading”, and warranted an enquiry by the Speaker because the resignations had allegedly come with “promises”.
“There is a complete sham of compliance to Article 190 (3) (b) of the Constitution,” he alleged.
Advocate General Vijay Narayan submitted that Supreme Court judgments have held that the motive behind a resignation is irrelevant, and that the Speaker only has to ascertain whether the resignation is voluntary and genuine.
