Tamil Nadu Speaker’s decision to accept resignation of MLAs challenged before Madras High Court

Published 10 June 2026 · india

A public interest litigation petition has been filed in the Madras High Court challenging Tamil Nadu Legislative Assembly Speaker J.C.D. Prabhakar’s decision to accept the

A public interest litigation petition has been filed in the Madras High Court challenging Tamil Nadu Legislative Assembly Speaker J.C.D. Prabhakar’s decision to accept the resignation of three MLAs pending a request to initiate disqualification proceedings against them. Desiya Makkal Sakthi Katchi has filed the PIL petition urging the court to quash a gazette notification issued on May 25, 2026 accepting the resignations of Maragatham Kumaravel, S. Jayakumar and P. Sathyabama who had represented Madurantakam, Perundurai and Dharapuram constituencies respectively. Filing an affidavit on behalf of the petitioner party, its president M.L. Ravi told the court that All India Anna Dravida Munnetra Kazhagam (AIADMK) general secretary Edappadi K.

Palaniswami had requested the Speaker to initiate disqualification proceedings against 25 of his party MLAs for reportedly violating the party whip and voting in favour of the Tamilaga Vettri Kazhagam (TVK) government during the confidence motion moved in the House on May 13, 2026. Even as the request was pending consideration of the Speaker, three out of the 25 MLAs submitted their resignation on May 25, 2026 and joined the TVK on the same day. The Speaker accepted their resignations immediately and notified the acceptance in the gazettee too forthwith.

Contending that the MLAs should not be allowed to escape from disqualification proceedings by submitting their resignations, Mr. Ravi said, acceptance of such resignations would make the anti-defection mechanism ineffective. He also relied upon a few Supreme Court decisions to buttress his contention. “The acceptance of resignations during the pendency of disqualification proceedings has the effect of frustrating the constitutional purpose underlying the Tenth Schedule to the Constitution and permits elected representatives to circumvent constitutional scrutiny. Such an approach undermines democratic accountability and dilutes the mandate entrusted by the electorate,” his affidavit read.

The petitioner party also complained about the unnecessary monetary burden thrust upon the public exchequer for conducting byelections to the constituencies whenever the elected MLAs resign within a few days of their election just to escape from the disqualification proceedings. “Repeated elections caused by defections and resignations impose a substantial burden on the public exchequer and undermine electoral stability,” it said.